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HomeMy WebLinkAboutCollege Hills Estates Subdidvision, Abstract of Title ("Dansby Tract" - 1941; 1947; 1948; 1951; June 1956; July 1956) • ABSTRACT OF TITLE To FOURTH INSTALLMENT OF COLLEGE HILLS ESTATES SUBDIVISION, And being a 7AN part of a 200 acre tract of land • out of the Richard Carter League, Brazos County, Texas, and conveyed by J: C. Culpepper to College Hills Estates Company. FOR COLLEGE HILLS ESTATES COMPANY, COLLEGE ST_.TION, TEAS. Prepared May 5, 1941. BY BRAZOS COUNTY ABSTRACT COMPANY, INC., BRYAN, TEXAS. / No. 3008 1 I tN -17- -E -X _ Kind of Abst Grantor Grantee Instrument--Book--Page-Record-Page Title page . . 1 Index 2 Plat and field notes of Richard Carter Survey . . 1 . .33 . Sur 4 State of Coahuila . Richard Carter . . Grant . 99 . 245 . Deed 5 Estate of Richard Carter, Deceased . . . Appl . . .E a 380 . Prob 8 Wilie Reed Phebe A.E.McCulloch.Marr Lic. B . 123 . Marr .14 Mary Reed, et als . Evaline Burton,etal.Decree . F . 374 . CMDC .15 Mary Reed, etals . Evaline Burton,etal,Report . F . 380 . CMDC .16 Wilson Reed, Jr., Mrs.P.A.E.Reed . ..Deed . . T . 312 . Deed .20 Gdnship Mary & Stephen Reed, Minors. . ..Appl . . .G . 259 . Prob .22 Geraldine Kelly . .P.A.E.Reed,etal . . Decree ..F . 480 . OMDC .28 T. B. Collins . . Mrs. P.A.E.Reed .Marr Lic .E . 271 . Marr .29 Geraldine Kelly . Mrs.P.A.E.Reed, etal Report ..F . 480 . CMDC .30 Claud Mitchell . . Miss Mary Reed . .;Marr Lic. G . 85 . Marr .32 Stephen Reed, et al Mary Mitchell,etal .Decree . H . 16 . CMDC .33 Stephen Reed . Mary Mitchell,etal..Decree . H . .37 . CMDC .35 T.B. Collins, Commr Claud Mitchell . ..Com.Deed. 8 . 610 . Deed .36 Claude Mitchell,etux Frank Vavra . . . .Deed . . 8 . 612 . Deed .38 Claud Mitchell . . Frank Vavra . . . .Rel . . . 1 . 362 . Rel ..40 Frank Vavra, et um. H. P. Dansby . . .,Deed . .53 . 518 . Deed .41 Frank Vavra . . Chas., Gorzycki . . .Trf . ..53 . 561 . Deed .44 Chas. Gorzycki . . Mrs. W.T.Goode . ..Trf . ..53 . 560 . Deed ;45 Mrs. Florence C.Goode.Robert Armstrong ..P /Atty ..54 . 167 . Deed .47 Mrs.W.T.Goode H P. Dansby . . . .Rel . . . 9 . 208 . Rel ..49 Frank Vavra . . . H. P. Dansby . . ..Rel : . . 9 . 210 . Rel ..51 T: B. Collins,etux Jzmes Cooper . . ..Deed . . X . 69 . Deed .52 James Cooper . . . Wincentz Kapczynski.Deed . .11 . 639 . Deed .54 Wincentz Kapczynski James Cooper . . .,Deed . .14 . 67 . Deed .56 James Cooper . . . VJincentz Kapczynski.Rel . . . 3 . 525 . Rel ..58 James Cooper H P. Dansby . . . Deed . .33 . 610 , Deed .59 James Cooper . . . .H . P. Dansby . . .Rel . . . 5 277 . Rel ..61 H . P. Dansby . . Humble Pipe Line Co.RWDeed ..49 . 19 . Deed .62 H. P. Dansby . . . J. N.Goodwin,etal ..Lease ..56 . 61 . Deed .63 J.N,Goodwin,etal . Two Rivers Oil Co. .Assign ..56.. 315 . Deed .66 Two Rivers Oil Co.. H. P. Dansby . . . Rel . . .10 . 367 . Rel ..68 H. P. Dansby . , . Roy Nunn ,Lease . „65 . 180 . Deed 70 Roy Nunn LI P. Dansby . . .Rel . . .15 . 240. Rel . 74 Death Certificate of H. P. Dansby . . . . . . . 1 . 86 . De - 1th 75 J . Sidney Smith,etal.The Public . . . .Affid .100 . 83 . Deed .76 Mrs.Minnie Dansby,etal.J. C. Culpepper .Deed .. 94 . 231 . Deed .77 Victoria Dominik,etal. The Public . . ..Affid ..100 . 82 . Deed .79 J.C.Culpepper . . . Bryan Amusement Co..Deed .. 96 . 555 . Deed .80 J.Sidney Smith, etal.The Public . . . ..Affid .100 . 83 . Deed .82 Rudolph Vavra . . The Public . . . ..Affid .100 . 34 . Deed .85 Victoria Dominik . . The Public . . . ..Affid .100 . 30 . Deed 86 Plat 89 J.C.Culpepper . . . Collage Hills Est.Co.Deed .. 96 . 592 . Deod 90 J.C.Culpepper . . . J.N.Dulaney, Tr . . D/T . 6.. 356 . D/T . 92 Mrs.Minnie Dansby,otal. J.C.Culpoppor . Rel . . 15. .326 . Rel . 96 Mrs,Minnie Dansby,etal. J.C.Culpepper . Rel . . .15 . 337 . Rel . 99 Mit Dansby lst St.Bk & Tr Co . Trf . .101 . 550 . Deed 101 N .E.Boughton, Secy The Public . . . .Resol . . 97 . 126 . Deed 103 I- N -D -E -X Kind of Abst Grantor Grantee Instrument- Book -- Wage -- Record -Page College Hills Estates Co. The Public. .Dedi . .104 . 243 . Deed. 104 College Hills Estates Co. The Public .Rest . .104 . 240 . Deed 106 P1=.t of Fourth Installment of College Hills Est. Co 110 Certificate 6:. ter.- ........ PLAT AND FIELD NOTES OF RICHARD CARTER SURVEY Brazos CountyA Texas No. 21 No4 8 Jasi W. Scott o . 5 � No. 7 Richard No. 2:3 Carter T Ap. 30/31 / N.. 6 No. 4 Josd E Scott /Nod 3 'Scale: 4000 vrti, to the inch Recorded in Volume 1, page 33, Survey Records, Brazos County, Texas. I concede in posession to Richard Carter one league of land which land has been surveyed by the Surveyor, Horatio Chriesman previously appointed for the purpose under the following situation and lines: Situated upon what is called Saline Creek to the East of the River Brazos and above the Lababia Road and is known as the league No. 5 and BEGINNING at the Northern corner of the league No. 4 Which is a landmark dis 10 vs from a Red Oak bearing; N 49 W and another bears S 50 W 12 vs from other THENCE on a line N 45 W and at 2020 vs crossed a Creek at 2460 crossed the aforesaid Saline Creek 240 vs crossed the same Creek again 280 vs more set another stake for the Northern corner of this league from which a Hickory bears S 13 W 4 vs and a Red Oak bears S 27 E 5 vs from THENCE S 45 W crossing the aforesaid creek at 40 vs at 1160 more vs crossed another creek at 3300 vs more crossed anoth- er creek 500 vs more set a stake for the Western corner, from THENCE S 45 E 5000 vs to where intersected the Western corner of said league No. 4 from which a Black Jack bears N 47 W 16 vs and a Red Oak bears S 72 E 12 vs, from THENCE N 45 E and following the N W line of the aforesaid league No. 4 5000 vs to the PLACE OF BEGINNING. This league has 5000 vs on each side and an area of 25,000,000 of square varas. The aforesaid land belongs to the arable class in 4/25 parts, and to the pasture class in 21/25 parts. State of Coahuila and Texas D GRANT, To Dated April 30th, 1831, Filed Ma ch 3rd, 1939, Richard Carter Recorded in Volume 99, pare 245, Deed R Brazos County,T THIRD SEAL: : TWO BEALS Authorized by the State of Coaluila and Texas for the Biennium of 1828 and 29. 30 and 31 WILLIAMS (RUBRIC) Lord Commissioner: Town of Sam Felipe de I� Richard Carter, a native Austin, March 30, 1831, of the United States of the To the Agent of Citizen North and one of the colonists Empresario Estevan F. introduced by Empresario Austin, Austin for him to please before you with the greatest of report on this petition, respect declare: That my status adding whether the is that a married man, that I tract is vacant and out - have entered this country with side the ten cost leagues. my fai ily for the purpose of acquiring lard to settle forever, ARCINIEGA (Rubric) for which end, having the appro- val of sad Empresario, I have chosen a league of land, which is situated on a stream called Saline Creek east of the Brazos River and above the Bahia Road, known as League No. 5, wherefore I present myself before you in order that you may be pleased to admit me and give me possession of said league of land, with the understanding that I promise to settle and cultivate it as the It w requires, and to fulfill all. the other obligations of same. Therefore, I beg you to be pleased to do asi have set forth, for therein I shall receive grace. Town of Austin, March 30, 1831, RICHARD CARTER (Signed) Lord Commissioner: In view of your foregoing decree, I must scy that what has . been declared by the applicant is true, he is one of the colonists introduced by Empresario Austin, he is married and a man of much honor, good habits, and well -known industry, and I consider him by law deserving of the grant that he requests. The tract is entirely vacant and outside the ten coast learTues. Town of Austin, March 31, 1831. SAMUEL H. "t LLIALS (rubric ) In viewof the declaration of Citizen Agent Samuel M. Williams in the foregoing report, I admit this Petition according to law, and order that the tract indicated be surveyed by Surveyor (left blank), in order to issue the corresponding title. Town of Austin, April 1, 1831, MIGL. ARCINIEGA (Rubric) I, Citizen Miguel Azciniega, Com issioner appointed by the Supreme Government of this State for the distribution and granting of lands and issuing of titles to the newColonists in the colonization enterprise of Empresario Citizen Estevan F. Austin, outside the ten littoral leagues of the Coast: 1 s • Whereas, Richard Carter hasbeen received as a colonist in the colonisation enterprise contracted with the Government of the State of Coahuila and Texas, by Empresario Estevan F. Austin on June 4, 1825, as appears on page 1389 of this record book, and whereas said Richard Carter has established that he is married and the requisites prescribed by the colonization law of the State of March 24, 1825, are found in his person; in accordance with said law and the instructions governing me dated S ptember 4, 1827, and the additional article date April 25, of the past year of 1830, and in the name of the State, I grant, concede, and put sdLd Richard Carter in real and personal possession of a league of land which tract has been surveyed by the surveyor Horacio Chreisman previously appointed for the purpose, with the following situation and boundaries; Situated on the creek called Saline Creek east of the Brazos River and above the Labahia Road and known_ as number 5, and from the north corner of number 4, which is a landmark 10 varas distant from a Spanish Oak bearing north 49° west and another bearing south 50 west 12 varas distant a line was run north 45° west, and at 2020 varas crossed a�little creek, at 2460 at 2460 varas farther crossed said Saline Creek, 240 varas farther crossed the same creek a;7ai n, 230 varas farther drove another landmark for the forth corner of this league, from which a hickory bears south 13 west 4 varas distant, and a Spanish Oak bears south 27 east 5 varas distant; and THENCE South 45° west ran another line, at 40 varas crossed said creek, 1160 varas farther crossed a little creek at 3300 varas farther crossed another little creek, 500 varas farther drove another landmark for the nest corner; and THENCE South 45° east ran mother line 5,000 varas until intersecting the west corner of said league No. 4 from which a black jack bears north 47° west 18 varas distant, and a Spanish Oak bears south 72° east 12 varas distant; and THENCE north 45° east, following the northwest line of said number 4 5,000 varas to the point of beginning. This league has 5,000 on each side and 25,000,000 varas in plane area Said tract has four - twenty fifth parts farming land and twenty- one /twenty -fifth parts grazing land, which serves as a nualification for the price that he must pay the State therefor according to Article 22 of said law under the penalties therein established; it being understood to him that within one year he must construct permanent landmarks at each corner of the tract and that he must settle and cultivate according to the requirements of the law. Therefore, exercising the powers vested in me by same law and instructions to this end, I issue the present :instrument and order that testimonio be made thereof and be delivered to the intersted party in order that he may possess and enjoy the land -- he, his children, heirs, and successors, or whoever may have his or their cause or right. Given in the Town of San Felipe de Austin on the thirtieth day of the month of April, 1831, whereto I sign with witnesses of attendance according to law. Attending Witness: MIGL. ARCINIEGA (rubric) ROBERT TAYLOR JR (rubric) Attending :witness: testiinonio delivered C. C. GIVENS (rubric) May 24, 1831 GENERAL LAND OFFICE Austin, Texas, February 9 1939 I certify that the foregoing three pages contains a correct translated copy of a one - league grant to Richard Carter, existing in the Spanish Archives of this office Vol. 5 pa^•es 1386 - 1389. ' , Thomas Sutherland, Spanish Translator I, Bascom Giles, Commissioner of tho General Land Office of the State of Texas, do hereby certify that Thomas Surtherland whose signature is subscribed to the foregoing certificate, is the Spanish Translator of this office, duly qualified according to law, and that his official acts, assuch, are entitled to full faith and credit. ITT TESTIMONY WHEREOF, Iiave hereunto set my hand and caused the seal of said office to be affixed, the day and date first above :mitten. (S_1L ) Bascom Giles, Con4r_issioner. • ESTATE OF RICHARD CARTER DECEASED ., .. * * Application, Recorded in Volume E, page 380, Probate Records, Brazos County, Texas. STATE OF TEXAS G In County Court for Probate Business etc. BRAZOS COUNTY 4 To May Term, 1363 To the Chief Justice of said County: Your petitioner, William McIntosh a resident of said County, represents that Richard Carter deceased on the 25th day of November A. D. 1860 at his residence in the aforesaid County, previous to his death made, published and declared his last will and testament, in which said last Will and Testament your peti- tioner, William McIntosh, is appointed sole executor and trustee of the same; your petitioner therefore prays that the said last Will and Testament of Richard Carter be admitted to probate in your Court, and that your petitioner be appointee! Executor and Trustee of the said last Will and Testament of the said Richard Carter, deceased, and that the legal notice be given for a hear - in7 of the case at the next May Teri of your Court. May 14th, 1863 Wnl. McIntosh Wi 11, Recorded in Volume E, parfe 313, Probate Records, Brazos County, Texas. STATE OF TEXAS X BRAZOS COUNTY 0 KNOW ALL MEN that I, Richard Carter, of the State and County aforesaid, beinr of sound disposing mind and memory and being; desirous�of so arran:ing m y effects as to prevent misunderstanding and dispute after my death, do hereby make, publish and ordain this my last will and testament. 1st: I desire that all my just debts, if I should be owing any to be paid immediately out of any money I may be possed of at the time of my death. 2nd: After the payment of my debts, I rive, devise and bequeath to my beloved wife, Elizabeth Carter, during her na- tural life, all of my estate, real, personal and mixed, consis- ting of lands, tenaments and appurtenances thereunto belonn and net7roes, stock of all kinds, money, notes, accounts and all property of any kind whatever that may belong to my estate at the time of my death, to be held, controlled, used, enjoyed, and possessed by her, the said Elizabeth Carter Burin:-: her life and immediately after her death I desire all my property above mentioned to be divided among my children and grand - children as follows, to -wit: 3rd: After the death of my wife„ the said Elizabeth Carter, I desire that the following negroes be given to my daughter, Evaline Burton and immediately placed in her possession, to -wit: my negro man, Kel, and his wife, Maria, and their children, viz; Lyla, Allen, Nelson, Jerre, Kelsey, Edmound, Mary and Lofty, and all other of their posterity that may hereafter be born before this bequest shall take effect, and also my orphan negroes, Malinda, John, Eliza, and Betsey, and all children that may be born to them before this bequest shall take effect, The above mentioned negroes to be valued by appraisers appointed for that purpose. 4th: After the above mentioned negroes shall have been taken from my estate, and placed in the possession of my said daughter, Evaline Burton, I wish and desire my executor hereinaf- ter to be named, to proceed at the earliest practicable time to sell on a credit of twelve months all my lands, all my remaining negroes all stock of every kind and allproperty whatever belong- ing to my estate, to the highest bidder, taking notes with ample security either personal or by mortgage or by both, for the pur- chase money after giving proper notice of the sale as the law requires in such cases, and in making this sale I desire that the family of negroes, to -wit: Eliza, Phillip, Sallie, Harriet, Sicily, Coz, Amanda and Richmond, and all children that may be born to them before making this sale, shall be sold together to one pur- chaser so that they may not be seperated. 5th: So soon as my executor shall get the proceeds of the sales of my property into money and good responsible cash notes secured as aforesaid, I wish and hereby direct him to divide the same into throe equal moities, the one of which moities he shall distribute in equal portions to my grand- children, William J. Carter, Sam H. Carter, Jesse F. Carter and Wiley Carter, chil- dren of my son, Wiley Carter., Decd, or to such of them as may be of age when this bequest shall take effect; and in like manner another of said moities he shall distribute in equal portions to my grandchildren, Geraldine Kelly, Richard C. Rood, Wiley Recd, William Reed, Betty Recd and Wilson Rood, children of my daughter, Mary Ann Reed, Dec'd., or to such of them as may be of ago at the time this bequest shall take effect, all to receive share and share alike; and the other of said moities he shall deliver to my daughter, Elizabeth Whitmore, now a resident of Salt Lake City, upon the condition that she shall within ten years from the probate of this will become a citizen of Texas or some other state or territory not subject to Mormon governmont; and in case my daughter, the said Elizabeth Whitmore shall not become a permanent citizen of some state or territory not under the Mormon government within ten years from the probate of this will the molly or por- tion of my estate herein allotted and bequeathed'to shall - laps as to her and be divided equally between my daughter, Evaline Burton and the children of my son, Wiley Carter, Deceased, and the children of my daughter, Mary Ann Reed, deceased, in the same manner as is directed in regard to the direct legacy. 6th: In case the negroes herein bequeathed to my daughter, Evaline Burton, be valued at more than one fourth of my whole es- tate then I direct my executor to collect from her in money a sufficient sum to equalize the value of her portion with the other three moities of my estate; then said sum of money shall be added to the said other three moities; but should said negroes not equal in value one fourth of my whole estate or should Maria and her children be recovered by James McFarland and others in a suit which they have instituted against me for that purpose, then in either case my executor shall make the remaining negroes bequeathed to my said daughter, Evaline Burton, equal in value to one fourth of my estate by adding money to them taken from the ballance of my estate. 7th: I desire my Executor to pay over to my above named grand children their respective interests in my estate as they shall arrive at lawful age, and not before; and until they shall so arrive at lawful age ho shall keep their respective portions together with the portion not delivered to my daughter Elizabeth Whitmore out at interest so that it shall be fully and safely secured by mortgage or ample personal security or both, until it shall all bo dcsposed of in accordance with the provisions of this Will; and wish said funds to bo anually reinvested as abovo demoted. 8th: And finally, I hereby nominate, constitute and appoint my true and trusty friend, William McIntosh, of said State and County, niy Executor and Trustoc, reposing full confidence and trust in his ability and integrity in the execution of this my last will and tostament. In Testimony whorcof I hereunto sot my hand in tho proscnce of these subscribing witnosses, this Nov. 25th, A. D. 1860. Richard Cartor Signcd, published and declared by the said Richard Carter as his last will and testament in the presence of us, who at the request of said Richard Cartor and in his presence and in tho prescnco of each other, have hereunto subscribed our names as witnossos. J. L. Kendall Gcorgc Carter I, Robert Johnson, do solemnly swear that I am woll acquain- ted with the hand writing of Richard. Cartor, Doc'd., thc maker of thc annoxod instrutnont of writing or last will and testament, bearing date orl the 25th Nov. 1860 that tho signature of the said Richard Carter to tho said instrument of writing is the genuine signature and hand writing of the said tostator. Robt. Johnson Sworn to and subscribed before me in opon Court on this thc 25th day of May, 1863, to which I certify undor my hand and seal of thc Court on the day abovo irittcn. (SEAL) G. 3. Rood, C. J. B. Co. I, Harvey Mitcholl, do solemnly swear that I am well ac- quainted with the hand writing of Richard Carter, tho maker and signer of thc hereto annoxod instrument of writing or last will and testament, bearing date on the 25th day of Nov. A. D. 1860, that tho signature of the said Richard Carted to the said last Will and Tostamcnt is thc genuine signature and hand writing of thc said tostator. H. Mitdhcil Sworn to and subscribed before me in open Court on this the 25th day of Nay, 1863, to which I certify undor my hand and scal of the Court on tho day above written. (SEAL) G. B. Reed, C. J. B. Co. e 1 _ 0 Wo, Thomas J. Wootton and Jams N. Guest, do solemnly swear that we are well acquainted with thc handwriting of James L. Kendall, one of tho subscribing witnesses to the hereto annexed instrument of writing or last will and testament of Richard Carter, dccid., bearing date on the 25 day of Nov. 1860, that tho signature of thc said James L. Kendall to thc said instrumont of .smiting is the genuine signature and handwriting of the said witness. T. J. Wootton J. N. Guest Sworn to and subscribed before me in opcn Court on the 25 day of May, 1863, to which I certify under my hand and the seal of thc Court on tho day above written. (SEAL) G. B. Recd, C. J. B. Co. Wc, Nancy Ann Cartcr and Willicu?•? McIntosh, do solemnly swoar that we are well acquainted with thc handwriting of George Carter, oric of thc subscribing witnesses to thc hci cto annexed instrumont of writing or last will and tostasnont of Richard Carter, dectd., bearing dato on thc 25 day of Nov. 1860, that thc signa- ture of tho said Gcorgc Carter to tho said instrument of writing is the genuine signature and handwriting of the said witness. N. A. Carter Vim. McIntosh Sworn to and subscribed before me in opcn Court on the 30th day of May 1863, to which I certify under my hand and seal of the Court on the day above vrritton. (SEAL) G. B. Rccd, C. J. B. Co. STATE OF TEXAS 0 COUNTY OF BRAZOS 4 KNOW ALL MEN, that I, Richard Carter, of the State and County above =smitten, being feeble in body but of sound mind and dcsposing memory do hcroby make, constitute ordain and publish this as a codicil or suploment to the last will and tortarcn'cr made by me on the 25 day of November, A. D. 1860 and witnessed by J. L. Kondall and Goorgc Cartcr and signed by said witno3 os in my presonce, that is to say: I dish and dosiro that my executor in my aforcsaid last will and tostamcnt named shall withhold thc ncgro boy Phillip from thc sale wichcd and dosircd in thc fourth articic of my aforcsaid last will and tostaniont and shall deliver thc said ncgro boy, Phillip, to my daugritcr, Evalino Burton, and have thc said negro Phillip appraised as required in thc third article of my said last will and testament and shall dosposc of thc valuation of thc said ncgro as diroctod in tho sixth articic of my said last will and testament. In witness z ncorcof I hereto sat my hand in tho presence of the subscribing witncsccs on this tho 21st day of Scptcmbcr, A. D. 1862. Witnesses: Richard Carter Wm. C. Boyles William H. Ragsdale I,William H. Ragsdale, do solemnly swoar that I was pro - sent and saw Richard Carter sign thc hereto annexed instrumont of writing or codicil bearing bearing dato on the 21st day of Soptcmbor, A. D. 1862, and that Am. C. Boyles and myself in the prosonco of thc said Richard Carter and of each other signed the said instrument of writing at the request of thc said grantor. W. H, Ragsdale. Sworn to and subscribed before -- in opon Court on this the 25th day of May, 1863, to which I certify under my hand and seal of tho Court on the day above written. (SEAL) G. B. Rood, C. J. B. Co. Richard Cartor, Est. of By Probato of Will Wm. McIntosh, Executor Proof of Will, Recorded in Volume C, page 177, Probato Records, Brazos County, Texas. And now comes into opon Court Robert Johnson, and made affidavit in writing proving the signature and handwriting of tho said Richard Carter, dcctd., which affidavit was annexed to the will. This day came into open Court Nancy Ann Carter and Wm. McIntosh, and made; affidavit in writing proving the signature and handwriting of George Cartor, doctd., ono of tho subscribing witnesses to the said last will and tostamont of Richard Carter, deceased, which affidavit was annexed to thc said Will. It is thoroupon considorod by the Court that the said last will and testament of Richard Carter, dcctd., and tho codicil to the same aro fully proved according to lacy, and it is hereby ordered that tho said will and codicil together with tho affidavits annexed to the same be recorded in tho records of tho Court and that the corresponding letters testamentary issue to m. McIntosh testa- mentary executor upon his giving the bond and taking tho oath pr.cscribcd by law. Docroc, Recorded in Voluic C, page 176, Probate Rccords, Brazos County, Texas. This day camo on to be cxa:ainod tho petition of ,im. Mc- Intosh praying that thc last will and tostamont of Richard Carter deceased, mite be admitted to Probate at this term of the Court and it appearing to thc satisfaction of tho Court that the legal notico of the said application had bon givon and no person con - testing tho same, it is ordered that — Thc last Will and Tosta- mcnt of Richard Carter, dcctd., be admittcd to Probato according to law, and it appearing that the witnesses to thc said will arc both decoased, whcrcupon camo into open Court Harvey Mitchell, and made affidavit in writing proving the signature and handwri- ting of tho said Richard Carter, doctd., and also camo into opcn Court T. J. Wootton and James N. Guest and made affidavit in writing proving the signature and hand writing of Jas. L. Kendall, ono of thc subscribing witnesses to the said will and also 12 came into open Court Wm. H. Ragsdale one of the subscribing witnesses to a codicil to the said Will and made affidavit in writing proving the execution of the said codicil according to law, which affidavits wore anncxod to the said will and codicil, and no other witncsscs being present, the case is continued un- til Saturday, tho 30th inst., it is ordered that the Clerk of tho Court issue a subpones. for Nolson W. Rector, requiring him to appear before this ourt on tho 30th inst. to give his tes- timony in this case. • r • Wilie Reed MARRIAGE LICENSE, Dated November 19, 1866, and Filed - - - - Recorded in Volume B, page 123, Phebe A. E. ; ;cCulloch Marriage Records, Brazos County, T e x a s . • BE IT REMEMBERED, That on this 19 day of November, 1866, the following marriage license was issued, to -wit: TEXAS, TO -VIIT: Brazos COUNTY, SS To all Who Shall See T hese Presents, G ree;;ing: Know ye, that any person _legally authorized to celebrate the rites of matrimony is hereby licensed to join in marriage as husband and wife, Wilie Reed and Phebe A. E. r.cCulloch and for so doing, this shall be his sufficient authority. In Testimony whereof, I David McIntosh, Clerk of the Brazos County Court, hereunto subscribe my name and affix the seal of said Court, this 19th day of November, 1866. (SEAL) David McIntosh, Clerk BE IT FURTHER REM ER1D, That on this 21st day of November, 1866, the following certificate was filed in my office, to -wit: TEXAS, TO -WIT: Brazos COUNTY, This Certifies that I joined in marriage as husband and wife, Wilie Reed and Phebe A. E. icCulloch on the 20th day of November, 1866. G. W. Castles, L. D. To which I certify, David rcIntosh, Cli,'. C. C. B. Co. T • No. 1630 Mary Rocd et als 0 Docroo, and appointmont of commission- ors, Datcd Sep 8tH 1877, Vs 0 Recorded in Volume F, page 374, Civil Minutes, District Court, Evalinc Burton ot als Q Brazos County, Texas. This day came on to by heard thc suit of Mary Rood, ot als vs. Evalino Burton, ot als, for a partition and distribution of tho horoinaftor described property. It appearing to the Court that Mary Rood and Stephen Rood, minor plaintiffs in this suit, appear by and arc ropres;ntod by their guardian, Mrs. P. A. E. Rood. It further appcaring to the Court that thc citation to thc dcfcndants in this suit has boon served and published as required byy law. It further appearing to the Court that Evalino Burton resides in McLennan County, owns a ono -third undivided interest in the horcinaftcrr dcscribcd lands, monoy and debts duo thc Estate of Elizabeth Carter, deceased; and that Sam Houston Carter, J. Frank Carter and Wiloy Cartor, reside in Bell County own a ono -third undivided interest in thc hcrcinaftcr dcscribod and that Goraidinc Kelly and that :'Jilson Rood, Jr., and that Mary Rood and Stephen Rocd, plaintiffs in said suit, reside in Brazos County, own the ono -third undivided interest of thc lands, money and debts duo said Estate as hcrcinaftcr dcscribcd, and that they are entitlod to a partition and dis- tribution thereof, thcrcforo it is ordered and decreed by the Court that said application be granted and that H. Mitchell, Hiram. Hanover and W. P. Boyles, E. L. Ward and J. W. Boyles be and they arc hereby appointed commissionors to make a partition and distribution of said :,state among said pertios of about 2300 acres of land on tho hoadright of Richard Cartor. in Brazos County and 676 acres, part of the Hoadright of San Burton in McLennan County described in decd from Sam Burton to Richard Carter, recorded in Book K, page 197, r ccords for Docds in McLennan County, and all money and dobts duo said Estat:;, sot- tins apart to oath party hcroinbcforo mentioned his or her interest in said estate as heroinboforo montioncd having regard to quantity and value. Abstracter's Note: On the 14th lino above, botvroon thc words "dcscribcd" and "and" thc following language: "lands, monoy and debts duo said estate. as hcrcinaftcr described" is in tho original papers in this case but not in the record book. Also on the 16th line above botweon the words "own" and "the" 'oho word "respectively" is onittod in thc record. BP,AZOS COUNTY ABSTRACT CO., INC., Bryan, Texas. 1`= R 1 No, 1630 Mary Rood and othcrs Q REPORT of Commissioners and Docrec approving same, vs. Q Rocordod in Volume F, pago 380, Civil Minutes, District Court, Evalino Burton and others Q Brazos County, Tcxas. This Causc case on to be heard on thc rcport of Cormis- sionors of partition and distribution heretofore filed, and there being no exceptions to said rcport and it appearing to be fair and just, it is in all respects confirriod. Said rcport with tho field notcs and plat thereto attached is as follows, viz; 1630 - Mary Rood and others vs. Evalino Burton and othcrs Wo, tho undcrsigncd commissioners, appointed to nakc par- tition and distribution of tho real and personal ostato of Richard Carter and of his wife, Elizabeth Carter, makc the following report. Including a note on thc Estate of Wm. Mc- Intosh and intorost to date of our action March 25th, 1877, and which note was at thc tirrc converted into cash, we had before us for distribution Four Thousand one hundred and seven and 68/100 Dollars, which we divided into thrcc equal parts, giving to Evalino Burton ono third, or ',x1369 22- 2/3/100, to tho heirs of. Wiley Cartcr, dec'd., who arc Sam Houston Cartcr, J. Frank Cartcr and Wiley S. Carter, tho sarmc amount, ,1369 22- 2/3/100 and to tho heirs of Mary Ann Rocd to -wit: Geraldine Kclly and Wilson Rood, Jr., children of said Mary 1 ^.nn, and Mary Rocd and Stephen E. Rood, grandchildren of said Mary Ann, the same amount ,:1369- 2/3/100. And we sct apart to Evalino Burton the 676 acros of land in the Scxi Burton Hc.adright in McLennan County, the sae, describcd in Decd from Sari Burton to Richard Cartcr, re- corded in Book K, page 197, record of deeds for McLennan County, also 330 acres in Richard Cartcr Hc,adri Tht as shown in field notes hereto attached. Wo set apart to the said hoirs of Wiley Cartcr, dec'd., 1131 -3/4 acres as shown by said field notes. And we set apart to thc heirs of Mary Ann Rood 8801 acros as shown by said Ficld notes. And for morn perfect doscription thc plat made by the surveyor is made a part of this rcport and hereto attache.. We regard this partition as giving to thc throe sets of hoirs each one third of the entire ostato in value. Respectfully subrlittcd, H. Mitchell J. W. Boylc E. L. Ward Field notcs of throe tracts of land a p- of the Lead» o grantcd to Richard Cartcr, dec'd., Mrs. Evalino Burton's tract 330 acres BEGINNING at thc intersection of thc S. E. league line with Carter's Crock which is the East corner of a tract of land now oti;nod by James Cooper originally convoyod by Richard Cartcr to Wilson Rood; THENCE running N 45 E 1494 varas with said Lcaguo lino to the East corner of thc lo ague; THENCE N 45 W 1177 varas with thc N. E. league lino to a stake from which a post oak 20 inches in diameter boars N 45 E 3 varas and a Black Jack 10 inches in diameter brs S 25 E 3 varas; THENCE S 45 W 1806 varas to a pecan marked B 12 in. in dia from which another pecan 12 in in dia brs N 45 1J 12 vrs; THENCE down said Crook with thc meanders of the same to the BEGINNING. Heirs of ',Miley Carter, No. 1 on the Plat, 1131 -3/4 acres BEGINNING at the South cornor of a tract of land contain - ing 300 acres originally deeded by Richard Cartcr Dec'd., to W . G. Rector; THENCE running N 45 E 3463 varas to tho west corner of a tract of land containing 18 -6/10 acres dcoded by the said Carter to S. A. Smith; THENCE N 85 -3/4 E 317 varas with her South line to her East corner on Carter's Crock; THENCE up said Crock with tho mcandors of thc some to the intersection of tho S. E. lino of a tract of land containing 500 acres with said Crock which tract was originally deeded by thc said Richard Carter to Willie Cartcr which is also the North corner of tho said Rector's tract; TI-NCE N 45 E 830 varas with said line to thc said Willie Carter's East corner on tho original N. E. lcc.guo line; THENCE S 45 E 1628 varas with said line to a stako from which a Post Oak 12 in in dia brs S 25 E 7 varas and a Post Oak 12 in in dia brs S 65 W 10 vrs ; ; THENCE S 45 l J 5050 varas to a stake and rock in prairie for corner in the original S. ':;. league line; THENCE N 45 VJ 1208 with said lino to the BEGINNING. Hairs of Mary Ann Rood, 880;1. acres on the Plat No. 2 BEGIN at tho East corner of the foregoing survey (no.1) at a stake in thc original N. E. Loague line from which a post Oak 12 in in dia brs S 25 E 7 vrs and a post oak 12 in in dia brs S 65 ZT 10 vrs; THENCE running S 45 V 5050 varas with the S. E. lino of the said Lot No. 1 to the South corner of the sane in the S. W. Loague line at a stake and rock in prairie; THENCE S 45 E 1200 varas with said line to tho west cornor of a tract of land containing 300 acres originally deodcd to Mary Ann Rood by Richard Cartor and now owned by Jades Cooper; THENCE N 45 E 3432 varas with said Cooper's N. V. lino to his North or upper cornor on Carter's Crook; THENCE up said Crock with tho meanders of the same to Mrs. Burton's west cornor on said Crock on a pecan narked B 12in in din from which another paean 12 in in dia brs N 45 i7 12 vrs; THENCE N 45 E 1806 varas with Mrs. Burton's N. W. lino to her North car= on the original N. E. loag-uc lino at a stake from which a post oak 20 in in dia brs N 45 E 3 vrs and a black jack 10 in in dia brs S 25 E 3 vrs; THENCE N 45 W 656 varas with said line to the BEGINNING. Mardi 22nd, 1877 Hiran Hanover, Surveyor Explanations The dotted lines show the land divided. In runnin7 N 45 E the league overruns 50 varas that is it measures 5050 varas the other way 128 there arc to be divided 2347 minus 5 acres equal 2342. To Mrs. Burton 330 acres. To the the heirs of -- 1131-3/4 acres. To the heirs -- 8804. Total 2342 It is therefore ordered, adjudged and decreed by the Court that all the rights and interest of thc parties to this suit be and the same arc hereby divested and vested so as to give the parties respectively the absolute title to the property, real and personal set apart to thc:, in said report according to the terms thereof. It is further ordered that the Clerk on application therefor shall issue to thc parties copies of this decree for record as munimcnt of title for which they shall pay the clerk, and thc parties are adjudged to pay costs of this cause in proportion to their several interests under this decree for which execution nay issue. N N 45 E 5050 __ __ _ _ .__ _�_ ___ .193 _ 1 Willie Cap ,‘ 6 Burton 6 7 i r 1 ..._. -_ __, �.. i S 9 300 Acres - rd. G. Rector 4 • A •' 700 00 5 3463 X 1 1 6 E 2 r_ Chur ch 2 0 (No. 1) 8 5 8 2 1131 -3/4 Acres 1 e • 2 4 6 8 2 5 1 (No. 2) 6 a 8 c 8604 Acres :II. r 7 3432 1 5 6 Mrs. Burton 1 Cooper N 330 A 7 , 1494 ;y 18 • 4 Abstracter? s Note: A copy of the foregoing report and. decree is also of record in the office of the County Clerk of Brazos County, Texas, in Volume S p ^7,c 79, Decd Records. It is not repeated here, for the reason that it iB an exact copy, and is certified to as such by J. C. Gillespie, Clerk of the District Court in and for Brazos County, Texas BRAZOS COUNTY l..B,TR CT COMPL,NY, INC., Bryan,. Texas 113 • • Wilson Rood, Jr., D E E D, Dated December llth, 1879, to Filed Dccoribcr 15th 1879, Recorded in Volum° T, page 312, Mrs. P. A. E. Rood Decd Records, Brazos County, Texas. THE STATE OF TEXAS COUNTY OF BR:.`:SOS KNOW ALL MEN BY THESE PRESENTS: That I, raison Rood, Jr., of the County of Brazos and State aforesaid, in consideration of the sum of sevon hundred and thirty four dollars to no cash in hand paid by Mrs. P. A. E. Rood, of the County of Brazos and Stato of Texas, the receipt of which is hereby acknowledged, have GRANTED, B':RGAINED, SOLD, CONVEYED and RELEASED, and by these presents do Grant, Bargain, Sell, Convoy and R unto the said Mrs. P. A. E. Rood, her heirs and assigns, the following described property, to -wit: My entire interest in and to tho following described land, to -wit: Lying and boing situated in Brazos County, Texas and a part of the headrig'ht League of Richard Carter and being part of lot or sharp: No. 2 of thcSubdision of said League sot apart to heirs of Mary Ann Rood, DecTd., BEGINNING at the E car of Survey No. 1 at a stake in thc original N. E. lino of said loaguo from which a post oak 12 in in dia brs S 25 E 7 vrs and a P. 0. 12 in in dir. brs S 65 10 vrs; THENCE running S 45 1 5050 varas with the S. E. line of thc said lot No. 1 to tho S cor of the sane in tho S. League lino at a stake and rock in prairio; TH7NCE S 45 E 1200 varas with said line to tho lest cor of a tract of land containing 300 acre: originally dcodod to Mary Ann. Rood by Richard Carter and new owned by Janos Cooper; THENCE N 45 E 3432 vrs with said Cooper's N. "T. lino to his North or upper cor on Carter's Crook; THENCE up said crock with the meanders of the same to ?.Irs. Burton's west cornor on said crook on a pecan narked B 12 in dia from which another pecan 12 in in dia brs N 45 12 vrs; THENCE N 45 E 1306 vrs with Mr::. Burton's N. W. line to her N car on the original N. E. loaguo lino at a stake from which a P. 0. 20 in in dia brs N 45 E 3 vrs and a black jack 10 in in dia brs S 25 E vrs; THENCE N 45 " :: 656 varas with said lino to the BEGINNING, containing 8804 my interest in the above described land being an undivided ono-third interest which I hereby convey to thc said Mrs. P. A. E. Rood, for further description ref oroncc is here made to thc ninutos of the Dist. Court of Brazos County, book F, pages 380 and 331, togothcr with all and singular thc rights, mombcrs, inpravcmonts, horoditannonts and appurtenances to tho sane belonging or in anywise i_,cidon_t or appertaining. TO HAVE AND TO HOLD, all and singular, thc promises above mentioned, unto thc said Mrs. P. A. E. Rood, her heirs and 20 assigns, forever; and I do hereby bind mysolf, heirs, executors and administrators to Warrant and Forever Defend, all and sin- gular, the said promises unto thc said Mrs. P. A. E. Rood, her hoirs and assigns,, against every parson whomsoovor lawfully claiming or to clair.i the same or any part thereof. Witness my hand, at Bryan, this thc llth day of December, 1879. Wilson Rood, Jr. (Seal) THE STATE OF TEXAS 1 COUNTY OF BRAZOS BEFORE LE, Hammott Hardy, County Clerk in and for thc County of Brazos, personally appeared ':!ilson Rood, Jr., known to rio to be thc person whose name is subscribed to the above Instrument of writing, bearing date the llth day of Doer A. D. 1879, and acknowledged that he had signed, scaled and delivered the same for the purposes and consideration thcrcin_ stated. In Testimony whereof, I hcrounto sign Fry nano and affix the inpross of my official seal, at my office in Bryan, this llth day of Dccr. A. D. 1879. (SEAL) Hammett Hardy,_ C. C. C. B. C. 21 Decree granting guardianship, Recorded in Volume E, page 31 Probate Records, Brazos County, Texas. In the natter of Guardianship of Mch l9th, 77 Mary and Stephen Rood, minors The application of P. A. E. Hoed for letters of guardian- ship of thc Estates of Mary and Stephen Rood, minors under the age of 14 years, coming on to be hoard, and it appearing to the Court that duo notice had boon given of tho filing of said application and no objcctions filed thereto; It is thereupon ordered by tho Court that lottcrs of Guardianship of tho Estates of said minors be granted to said P. A. E. Recd upon her taking the oath prescribed by law and executing a Bond in the sum of Thrco Thousand Dollars within twenty(20) days from this date. Bond, Recorded in Volume G, pa go 260, Probate Records, Brazos County, Texas. The State of Texas Brazos County Know all rion by these presents: That wc, P. A. 2. Rood, as principal, and as Sureties, are held and firly bound unto the County Judge of Brazos County, and his successors in office in tho sum of Throe Thousand Dollars for the pa;,'ticnt of which loll and truly to be made unto the said County Judgc, we bind ourselves, our heirs, executors and administrators, jointly and sovorally, firmly by these presents signed with our hands this the 14th day of March, L. D. 1877, The condition of this obligation is such that Whereas, thc above bound P. A. L. Rood has this day boon appointed Guardian by thc County Judge of Brazos County of Mary Rood and Stephen Rood, minors, now if the said P. 1.. E. Rood shall well and truly perfern all tho duties required of her under said appointment then this obligation shall be null and void, of orwisc to roriain in full force and effect. Given undor our hands on this the 19th day of March, A. D. 1877. E. decd Wilson Rood Geraldine Kollcy Exar:incd and approved March 19th, 1877. D. C. Barmoro, Judge C. C. B. C. No. 123 GUARDIANSHIP OF MARY AND STFPH✓N REED, MINORS .. .: ;. Application, Recorded in Volunc G, page 259, Probate Records, Brazos County, Toxc.s. THE STATE OF TEXAS 4 Guardianship of I.Iaryr and Stephen Rocd, B: ZOS COUNTY minors, County Court, March Terri 1877. To thc Honl. County Court of Said County: P. L. E. Recd, widow of Wiley Rood, deceased, shows that Mary Rocd, aged 6 years and Stephan Recd, a;cd 18 months, are minors residing in tho said County of Brazos, and without any lawful guardian of their cstatos and arc entitled to an estate of tho osti_.atod value of Fiftocn Hundrod Dollars as heirs at law of their groat grand?:lothor, and groat grand fathor, Elizabcth and Richard Carter, deceased; that the said P. L. E. Rood, thc mother of said miners, reside in said County of Brazos and has the custody of tho persons of said minors. Tereforc, sho prays that sho be appointcd guardian of the Estates of said minors. P. A. E. Rood Notice, Rccordcd in Volum G, page 260, Probate Records, Brazos County, Texas. The State of Texas To all persons interested in the welfarc of Mary and Stcphcn Reed, minors, P. A. E. Rood has filed in County Court of Brazos County, an application for t=ie Guardianship of thc estates of said minors, which will be hoard by said Court co:_LacnOing on the 3rd Monday in March, 1877, at thc Court House thereof, in the City of Bryan, at :which tine all parsons interested in the viol- faro of said minors, riay appear and contest tho same if they sco proper. Witness Hcr:ir_ott Hardy, Clerk of the County Court of Brazos County. Given under my hand and scal of said of said Court, at office, in the City of Bryan, on 26th day of 1 cb y. , 1877. Hammett Hardy, C. C. C. B. C. Texas. {)6 Decrcc, Recorded in Volume E, page 40, Probate Records, Brazos County, Texas. Est. of Mary and Stephen Reed, minors 0 by $ Mch 23rd, 1877 P. A. E. Recd, Guardian The bond of P. A. E. Reed, as guardian of thc Estate of Mary and Stephen Rood, minors, having boon filed and approved, and she having taken the oath proscribed by law, It is ordered by thc Court that lottcrs of Guardianship issue on said Estates to the said P. A. E. Reed. Commissioners appointed, Recorded in Voluno E, page 40, Probatc Records, Brazos County, Toxas. Ordcrcd by the Court that D. McIntosh, Harvey i:litchcll, Janes Cooper, John Baird and `.: . P. Boyle be and they arc hereby appointed coxiiissioners to appraise the property belonging to said estate, and to return inventory within 60 days from data. Additional Commissioners appointed, Recorded in Volume E, page 46, Probatc Records, Brazos County, Texas, Estatcs of Mary and Stephen Recd, minors 0 by 0 In vacation, .1p1 19th, 1877 P. A. E. Recd, Guardian 0 David McIntosh, P. S. Ford and P. E. Dickinson appointed by Court to inventory and appraise the property belonging to said minors. Attest Hammott Hardy, C. C. C. B. C. Inventory and Appraisement, Recorded in Volume G, page 351, Probate Records, Brazos County, Texas. Ests of Mary and Stephen Reed, minors 0 by 0 P. A. E. Reed, Guardian 4 Real Property An undivided one -third interest in about 850 acres of land situated in Brazos County, Texas, and a part of the League of land originally granted to Richard Carter, valued at 4560.00 a60.50 Cash 4n260.50 TIE STATE OF TEXAS 0 BRAZOS COUNTY 0 This day personally appeared David McIntosh, P. S. Ford and P. E. Dickinson, appraisers appointed to inventory and appraise the property belonging to the Estates of Mary and Stephen Reed, minors, who being duly sworn deposes and says that the fore- going inventory and appraisement is a true and correct inventory and appraisement of all the property belonging to said Estate to the best of their knowledge and belief that has come to their knowledge and that the appraised value of each article of pro- perty is set opposite thereof which amounts in the aggregate to the sum of 4994.65 and that said property is the real and personal property of said Estate. David McIntosh Pinckney S. Ford P. E. Dickinson Sworn to and subscribed to before me this the 19th day of April, A. D. 1877. Hammett Hardy, C. C. C. B. C. Claims due said estates to -wit: Interest in note of McIntosh. Estate 5163.65 of the value of 163.65 1/9 interest in note on Alex Turner 4100.00 of the vcl ue 11.00 I do solemnly swear that the above and foregoing is a true and correct list of all the claims due the estates of Mary and Stephen Reed, minors, that has come to my knowledge and a true inventory of all the real and personal property belonging to said minors so far as has come to my knowledge. P. A. E. Reed, Guardian Sworn to and subscribed to before me this 19th day of April, A. D. 1877. Hammett hardy, C. C. C. 3. C. Receipt of Settlement Recorded in Volume H, page 593, Probate Records, Brazos County, Texas. Mary and Stephen Reed, minors D by D THE STATE OF TEXAS 1 COUNTY OF BRAZOS P. A. E. Collins, Gdn. This writing witnesseth, that I, Nary Mitchell, formerly Mary Reed, joined by my husband, Claude Mitchell, have fully settled with my Guardian, sirs. P. A. E. Collins, and have re- ceived from her all property and effects belonging to me and held by her as guardian of my Estate, and I hereby waive issuance and service of citation and notice of final account filed by my said Guardian and consent that she may be discharged as Guardian of ray Estate. Witness our hands this day of April, 1889. Mary Mitchell Claude Mitchell Decree, Recorded in Volume H, page 593, Probate Records, Brazos County, Texas. Mary and Stephen Reed, minors 0 by Q SS P. A. E. Collins, Guardian 0 19 day of April, 1889 This day carne on to be heard the final and annual account of P. L. E. Collins, Guardian of Mary and Stephen Reed, minors, and it appearing that Mary need has intermarried with Claude Mitchell and that they have settled with her said Guardian in full and have filed their receipt to that effect with the Clerk of this Court, and have also waived issurance and service of citation, said Guardian is hereby discharged from her trust as to said Mary Reed and said estate is hereby declared to be closed as to her and the same is continued for citation and further action of this Court as to the minor, Stephen Recd, said Guardian's account not to be recorded until acted upon as to the said Stephen Rood. Docrce approving inventory, Recorded in Volume E, page 48, Probate Records, Brazos County, Texas. Estates of Mary and S. Reed, minors by 4 May the 24th, 1877 P. A. E. Reed, Guardian This day was examined by the Court the inventory and appraisement of the property belonging to the Estates of said minors and it appearing to the Court that said Inventory was made as required by law and no objections being filed thereto, It is considered and ordered by the Court that the same be and is horoby approved and ordered recorded. Final and Annual account, Recorded in Volume I, page 36, Probate Records, Brazos County, Texas. THE STATE OF TEXAS County Court COUNTY OF BRAZOS To April Term, 1889 To thc County Court of said County: P. A. E. Collins, guardian of the Estate of Mary and Stephen Rood, joined by her husband, T. .. Collins, rcprescnts that her w and nary Recd has intermarried with Claude Mitchell, she therefore submits herewith her final account as guardian and the roccipt of said Mary and Claude Mitchell in full sottle- ment of their interest in the Estate of said Mary Mitchell and Stephen Rood, in hands as guardian of their etitatc, said estate being equally owned by said Nary Mitchell and Stephen Rood, said account is also an exhibit of thc Estate of said Stephen Rood to this date, said Estate so owned by them consists of 183 acres of land in Brazos County, Texas, 320 acres of land in Falls County, Texas, (which has been given by said P. A. E. Collins to said Mary r:itchol]. and Stephen Recd since her appoint- ment as guardian) and x„459.43 in money and good security ono half of which is owned by each of said parties. Guardian makes no charge as such for thc support and maintenance of her wards. The lands as before mentioned arc rented as pastures, said account as hereto attachod and made a part hereof. P. A. E. Collins T. B. Collins. Sworn to and subscribed before me this the 15 day of April, 1889. Wm. G. Taliaforro, N. P. B. Co., Tex. (Here follows an itemized account of receipts and disbursements, not nocdeca in this abstract) No. 172.9 Goraldinc Kolly j DECREE, Datod March 8th, 1881, vs. Recorded in Volume F, page 480, Civil Minutes District Court, P. A. E. Rood, et al Brazos County, Texas. This cause came on for hearing and the parties appeared by their attys. and the Court appointed Wilson Rood Jr., Guardian ad litom for the minors, Mary and Stephen Rcod, their regular guardian, P. ,. E. Recd, being; intorestcd in the Cause and said Guardian ad litcm having answered and it appearing from the answer of all thc dcfts as well as from the petition that the parties arc entitled to the partition prayed for, it is ordered and decreed that thc land be partitioned so as to give Pltffs, Goraldinc Kolly one third, P. i,. E. Rood ono third, and the minor children of Wiley Rood, dccoasod, to -wit: Mary and Stephen Rood one third, taking into account quantity and quality; and Hiram Hanover, James Cooper, William Moore and John Board, four froo holdors appointed commissioners to make the partition accordingly, and they shall report their actions to the prcsont Tcrm of this Court for further orders. The land to be partitioned is thus described: 880 acres in thc Richard Carter League in Brazos County, BEGINNING at E corncr of Lot No. 1 in partition of estate of Richard Cartcr and wife, shown by docrco in Book F, age 380, of Minutes of this Court, which lot was assigned to the p hcirs of Wiley Cartcr, a sta.ko in the original N E lino from which a post oak 12 in in dia, brs S 25 E 7 vrs and another 12 in in dia brs S 65 W 10 vrs; THENCE S 45 W 5050 vrs with S. E. lino of said Lot No. 1 to S corner of same in S. W. League lino a stake and rock in prairie; THENCE S 45 E 1200 vrs with said lino to W corner of James Cooper's 300 acros; THENCE N 45 E 3432 varas with said Cooper's N. W. lino to his N or upor corner on Carter's Creek: THENCE up said Crock with its moandors to Mrs. Burton's W corncr a pccan marked B 12 in in dia from which another pccan 12 in in dia brs N 45 W 12 vrs; THENCE N 45 E 1806 vrs with Mrs. Burton's N If line to her N corner on N. E. League lino, a stake from which a post oak 20 in. in dia brs N 45 E3, v:r ,and a black jack 10 in in dia brs S25E3vrs; THENCE N 45 W 656 vrs with said lino to thc Beginning. This decree was made March 5, 1880, and is entorcd now for then. 27 • T. B. Collins P=L'.RRIGE LICENSE, Dated December 18 1880, a nd 0 Filed Dcccmbcr -- 1880, Recorded in Volume E, page 271, Mrs. P. :,. E. Hoed 0 Marriage Records, Brazos County, oxas. ST:.TE OF TEXLS 0 BRLZOS COUNTY 0 To any Judge of thc County or District Court, ordained Minister of the Gospel, or Justice of the Peace, in and for said County of Brazos - GREETING; - You are hereby authorized to solcmn zc the Rites of Matrimony bet jocn Mr. T. B. Collins and Mrs. P. L.. E. Reed, and make due return to the Clerk of the County Court of said County, within sixty days thereafter, certifying your action under this License. WITNESS my official signature and seal of office, at office in Bryan, this 18th day of Doer. D. 1880. Hammett Hardy, Clerk of the County Court of Brazos County. I, J. C. fickle, hereby certify that on thc 19th day of December, :. D. 1880, I united in Marriage T. B. Collins and Mrs. P. E. Reed, tho pa °ties above named. WITNESS my hand. this 20th day of December, D. 1880. J. C. 1iiict 7 Ordained T . .. zL�c, i :�.e 1••:inistcr of the Gosocl 29 No 1729 Geraldine Kelly 0 Report of Commissioners and Decree accepting report, Dated March 8th, vs. 0 1881, Recorded in Volume F, page 480, Civil Minutes District Court, Mrs. P. A. E. Reed et al 1 Brazos County, Texas. In this cause thc marriage of Mrs. P. A. E. Rood is suggested and her husband, T. B. Collins, makes himself a party, and tho commissioners of partition heretofore appointed by the Court having filed their report partitioning 880 acres of land in thc Richard Carter lcaguo, which appears to be in compliance with thc law, and there being no exceptions thereto the same is in all respects confirmed'. And it appearing from said report that said commissioners divided said land into throe parts of equal value as nearly as practicable designated as lots No. 1, No. 2 and No. 3 as shown by platt accompanying said report as follows, to-wit: V" o C. .er No. 1 :urton No; 3 1 Heirs of W. Reed 6 G. Kelley 2 280 Acres 5. :0. 6 PA-2 d. r No. 2 5 363 -414 Acres Mrs.P.A.E. Collins 5 237 Acres 0 26 .1 Carter /// And said r ort showing that Lot No. 1 is bounded as follows: BEGINNING at the South corner of the tract to be divided which is the west corner of the tract now owned by James Cooper at a stake in thc South East league lino; THENCE run North 45 E 2632 vrs. with the S. E. lino of the tract to be divided to a stake from which a post oak 6 in in dia brs S 5 vrs and another of same dia brs S 67 W 7 vrs; THENCE N 45 650 vrs a stake from which a post oak 14 in in dia brs S 862 W 6 vrs and another 12 in in dia brs N 24 W 4 vrs; THENCE S 45 W 2432 vrs a stako in South '.7 lcaguo lino; THENCE S 45 E 650 vrs with said lino to the BEGINNING, and is sot apart to Mary and Stophon Rood, children of ''Tiloy Reed, deceased. And it further appearing that Lot No. 2 is bounded as follows: BEGINNING at the west corner of Lot No. 1 a stako in S. W. league line; 1 THENCE N 45 E with thc N W lino of Lot No. 1 2432 vrs to ��� N corner of same; o THENCE N 45 W 550 vrs to stake in N w lino of the tract to be divided from which a P. 0, 10 in in dia brs S 37i E 5 vrs and another 3 in in dia brs S 20 W 5 vrs; THENCE S 45 VJ 2432 vrs with said lino to `'lost corner of tho tract to be divided in S. E. league line; TIENCE S 45 E 550 vrs to the BEGINTNING, and is sot part to Fars. P. L. . E. Collins. And it further appearing that Lot No. 3 is bounded as follows: BEGINNING at thc North or upper corner of Cooper's tract on Carter's Crook; THENCE S 45 11 1000 vrs with S. E. lino of tract to be divided to E. corner of Lot No. 1; THENCE N 45 W 1200 vrs with N. E. lino of lots Nos. 1 and 2 to N corner of Lot No. 2; THENCE N 45 E with N. W. lino of the tract to be divided, crossing Carter's Crook at about 900 vrs in all 2618 vrs to N corner of tract to be divided, a stako from which a black jack 7 in in dia brs S 7 E 7i vrs and a P. 0. 10 in in dia brs N 45 E 10 vrs; THENCE S 45 E 650 vrs to 1 :rs. Burton's N corner; THENCE S 45 '.' 1806 vrs with Mrs. Burton's lino to her corner on Carter's Crock c. pocan marked B; THENCE down Carter's Creek with its mcandors to thc BEGIN- NING, and is sct apart to Tars. G <.raldino holly. It is therefore ordered and c.ocroce by thc Court that the title be divostcd and vestod in accorda:.co with said report so as to give perfcct title to Lot No. 1 to Mary and Stephen Recd, of Lot No. 2 to Mrs. P. L. E. Collins and of Lot No. 3 to Mrs. Geraldine Kelly, and that tho Clerk of this Court issue on application certified copy of this decree to tho parties as their nunimont of title and that tho costs be paid by tho par- ties in proportion to their rospoctivo interest for which exe- cution may issue. Abstracter's Note: The foregoing report and decree appears of record also in thc office of thc County Clcrk of Brazos County, Texas, in Volume V, page 164, Dcod accords, but it is not re- poatod for thc reason that it is an exact copy ccrtificd to ^_s such by John W. Robinson, Clerk of thc District Court, Brazos County, Texas. BRAZOS COUNTY ABSTRACT COI P«IY, INC., Bryan, Texas. f l • • Claud Mitchell MI RRIILGE LICENS7,, Dated June 6th, 1888, cn d 0 Filed June 6th, 1888, Recorded in Book G, page 85, Miss Mary Rood 0 Marriage Records, Brazos County, Texas. THE STLTE OF TE '.S j COUNTY OF BR!.ZOS To any Ordained Minister of the Gospel, Jud,c of tho District Court, Judge of the County Court, or any Justice of tho Peace; You, or either or you, arc hereby authorized to solemnize or join in The Holy Union of Matrimony Claud Mitchell and :Liss Mary Rood in accordance with tho laws of this State, and that you mako due roturn of this your authority to my office, within sixty days from date hereof, certifyins how you have oxocu cd tho samo. G ivon under my hand and coal of office, this 6 day of Juno, 1888. J. L. Myers, Clerk of tho County Court, Brazos County. RETURN This is to cortify that tho above License was executed by roc, by joining tho above named parties in the Holy Union of Matrimony this 6 day of June, 1888. C. H. Buchanan, M. G. 4 1 * No. 2494 Stephen Reed et al 9 DECREE of Partition, Dated March 9, 1891, vs. 0 Recorded in Volume H, page 16, Civil Minutes, District Court, nary Mitchell, et al 4 Brazos County, Texas. This day this cause came on to be heard, the plaintiff appeared by his Guardian, Mrs. P. A. E. Collins, joined with her husband, T. B. Collins, and the defendants, Mary Mitchell, joined with her husband, Claude Mitchell, appeared in their own persons, and the matter and things contained in plfs pe- tition being read to the Court and fully understood and defend - ant t s answer thereto, it was and is accordingly adjudged and decreed by the Court that the allegations contained in plfs petition arc true: First, that upon a hearing of this cause, the Court determined that the real estate sought to be divided is the property of the minor Stephen Reed and the defendant, Mary Mitchell, and that they arc joint owners and are equally interested in the same. Second- The Court determined all questions of law and equity affecting the title to such real estate and adjudges and decrees the same to plff and deft. It is accordingly ordered, adjudged and decreed by the Court that the following cescribed tract and parcel of land � r be partitioned and divided between plaintiff and defendant and that one -half be sot apart to plaintiff Stephen Recd and the other half be set apart to Mary Mitchell, to -wit: Situated in the Count,- of Brazos, State of Texas, and being a part of the R. Carter League in said County and more particularly described as the tract of land sot apart to s aid plaintiff and defendant, Mary Mitchell (nee Reed.) in a suit in the District Court of Brazos County, Texas, styled G. Kelly vs. P. A. E. Rood et al, No, 1729, the same being a suit for par- tition, in said suit the herein described tract of land was sct aside to said mentioned plff and deft, to -wit: Lot No. 1 in th:j partition of said suit, BEGINNING at the South corner of the tract to bo divided, which is the west corner of a tract owned by Jas. Cooper, at a stake in the S. E. League lino; THENCE N 45 E 2632 yarns with S. E. lino a tract (thus divided) and corner, from which a P. 0. 6 inch in dia bears South 5 vrs, and another brs S 67 W 7 vrs; THENCE N 45 ri 650 varas and corner from which a P. 0. 14 inch in dia brs S 86 ? W 6 vrs, and another 12 in in dia. brs N 24 W 4 vrs; THENCE S 45 W 24.32 vrs and cor in league line; THENCE S 45 E 650 vrs and the BEGINNING, containing 280 acres of land. It is further ordered by the Court that James Cooper, W. J. Moore, and C. L. McCoy, three disinterested and competent persons are appointed as commissioners to make parti- tion of said real estate in accordance with this decree and the law, a majority of whom may act. It is further ordered that the Clerk of this Court issue a writ of partition directed to the Sheriff or any Constable of this County, commanding such Sheriff or Constable to notify each of the Commissioners of their appointment as such and shall ac- Company such writ with a certified copy of the decree of this Court directing the partition. It is further ordered that the Commissioners make their report to the next term of this Court. Order of Sale, Recorded in Volume H, page 17, District Court minutes, Brazos County, Texas. The report of the Commissioners appointed to partition the land in this Cause as prayed for by plff in original pe- tition coming on to be heard, and it appearing from said report (Report made by James Cooper and W. J. Moore, two of the Com- missioners appointed to make partition and the same being a majority of said commissioners) that the land sought to be par- titioned cannot be divided in a fair and equitable manner; and WHEREAS, said Commissioners have for the reasons set, reported that same cannot be fairly and equitably divided, It is therefore the order, judgment and decree of this Court, that said property described as follows: Situated in the County of Brazos, State of Texas, and being a part of the R. Carter League in said County and more particu- larly described as t'ic tract of land set apart to said plain- tiff and defendant, Mary Mitchell, (nee Reed) in a suit in the District Court of Brazos County, Texas, styled G. Kelley vs. P. A. E. Reed et al, No. 1729, the same being a suit for partition - (in said suit the herein described tract of land was sot aside to said mentioned plaintiff and defendant) to -wit: Lot No. 1 in the partition of said suit BEGINNING at the south corner of the tract to be divided, which is the west corner of a tract owned by James Cooper, at a stake in the S. E. league lino; THENCE N 45 E 2632 vrs with the S. E. line of tract (thus divided) and corner, from which a P. 0. 6 inch in dia brs South 5 varas, and another brs S 67 W 7 varas; THENCE N 45 W 650 varas, and corner, from which c. P. 0. 14 inch in dia brs S 862 W 6 vrs, and another 12 inch in dia brs N 24 1 7 4 vrs; THENCE S 45 W 2432 brs and corner in League line; THENCE S 45 E 650 vrs to the BEGINNING, containing 280 acres of land, be and the same is ordered sold as under Execu- tion for sale of real estate, for cash, and that the proceeds arising from said sale be retained in the hands of the officer making; same to await the further order of this Court. It is the further order of this Court that T. 3. Collins be appointed commissioner to make said sale and that said sale be made as herein provided. • No. 2494 Stephen Reed $ DECREE confirming sale, Dated Soptomber 9th, 1891, vs. Rocordod in Volume H, page 37, Civil Minutes District Court, Mary Mitchell, et al 0 Brazos County, Texas. The application of T. B. Collins, the commissioner appointed in the above no and styled case, to make sale of the hereinafter described tract of land coming on to be heard and it appearing to the Court that said sale was had in accordance with the order making the appointment and in the terms of the law, and at the place authorized by law and during the hours proscribed by law for such sales and on the 1st Tuesday in the month of July, 1891, the same bcing thc 7th day of said month; and it further appearing to the Court that the sale was regularly made and that at said sale Claud Mitcholl became the purchaser he being the highest and best bider for cash his bid bcing for the sum of Eight dollars per acre, making in the aggrogate the sum of Two Thousand and Forty two hundred and forty dollars It is ordered by tho Court that the said commissioner, T. B. Collins, bo and is hereby ordered to pay over to the said Stephen Rocd, to his guardian Mrs. P. A. E. Collins, eleven hun- drod and twenty dollars, and to Mrs. Lary Mitcholl tho sum of oloven hundred and twenty dollars. It is further ordered by the court that the title, to the following described tract of land be divested out of tho said Stophcn Rood, plff and the said Mary Mitchell, deft. and vested in Claud Mitcholl, said lend des- cribed as follows, to -wit: Situatod in tho County of Brazos, State of Texas, the same being lot one in the partition of a certain tract of land in suit of G. Kelley vs. P. A. E. Rocd, No. 1229, in the District Court of Brazos County, said land being a part of thc R. Carter Lcaguc and BEGINNING at the south corner of the said tract, which is thc west corner of a tract ownod by Jas. Cooper at a stake in the S. E. lea line; THENCE N 45 E 2432 vs with S. E. lino of said tract and corner from which a P. 0. 6 inches in diariotor bars S 5 vrs and anothor brs S 67 W 7 vs; THENCE N 45 W 650 vs and corner from which a P. 0. 14 . in- ches in diameter brs S 87 and one half 1 7 6 vs, another 12 inches in diancter brs N 24 W 4 vs; THENCE S 45 W 2432 vs and corner in loa line; THENCE S 45 E 650 vs to PLACE OF BEGINNING, containing 280 acres of land. It is furthor ordered by tho Court that this decree and the papers in this Causo be and aro a part of the minimonts of tho said Claud Mitcholl's title to said described tract of land. It is furthor ordered by tho Court that T. B. Collins Comts execute to tho said Claud Mitcholl a decd con- voying to him tho title to said land divesting title out of plff and deft and vesting it in the said Mitchell. It is further ordered by no Court that each plff and deft pay ono half of tho costs in this behalf exponded. It is further ordered that the said Comps be and ho is hereby discharged. T. D. Collins, Commr. COMMISSIONER'S DEED, Datcd September 9th, 1891, to Filed October 5th, 1891, Recorded in Volume 8, page 610, Claud Mitchell § Decd Records, Brazos County, Tcxas. STATE OF TEXAS 4 COUNTY OF BRAZOS 4 KITOW ALL MEN BY THESE PRESENTS: That I, T. D. Collins, of the State of Texas, County of Brazos, having been appointed Commissioner in thc sale of cer- tain hereinafter described land in a ccrtain partition suit pending in the District Court of Brazos County, Texas, and N 2494, and st Stophon Rood by his guardian, P. A. E. Collins, vs. Mary Mitchell, joined with her husband, Claud Mitchell, said appointment dating on the 9th day of Nov. 1891, and recorded in Minute Book H, page 17 of thc Minutes of the District Court of Brazos County, Texas; and WHEREAS, on the 7th day of July, 1891, the same being the 1st Tuesday in said month, after advortising said hereinafter dcscribcd land for 20 days boforc said day of sale, I did on said day sell to Claud° Mitchell, ho being thc highest and bast biddor for same, at public vend= before thc Court House door of Brazos County for the sum of Two Thousand and two hundred and forte dollars cash in hand the receipt of which is hereby acknowledged, and paid me by Claude Mitchell, the following dcscribcd tract of land, to -wit: Situated in tho County of Brazos, State of Texas, the same being lot one in the partition of a certain tract of land, in suit of G . Kelly vs. P. A. E. Rood, No. 1229, in the District Court of Brazos County, T exas, said land being a part of the Richard Carter league, and BEGINNING at tho South corner of the said tract which is thc Mast corner of a tract owned by Jas. Cooper at a stake in the South East loaguo lino; THENCE N 45 E 2432 vs with S. E. line of said tract and corner from which a P. 0. 6 inches in dicunotor brs South 5 vs . and another brs S 67 W 7 vrs; THENCE N 45 650 vs and corner, from which a P. 0. 14 inches in dic.niotcr brs S 87* W 6 vs, another 12 inches in dia- meter brs N 29 W 4 vs; THENCE S 45 W 2432 vs and corner in league line; THENCE S 45 E 650 vs to PLACE OF BEGINNING, containing 28Q acres of land. Novi, therefore, I, T. B. Collins, Commissioner as herein sot forth, do hereby Convoy, Bargain and. Soli to the said Claude Mitchell, for and in consideration of the sum of Twenty two hundred and forty dollars, all thc right, title and interest which the said Stophon Roed and Mary Mitchell had in and to the foregoing described tract of land. 3(: A a Given under my hand this the 9th day of September, A. D. 1891. To Be Collins, Commr. STATE OF TEXAS COUNTY OF BRAZOS 0 BEFORE the undersigned, a Notary Public in and for Brazos County, Texas, on this day came and appeared T. B. Collins, known to me to be the person who signed the foregoing instrument, and acknowledged to me that he had executed the same for the purposes and consideration therein stated and in the authority and capacity of Commissioner, Witness my hand and seal of office, this the 9th day of September, 1891. Sam R. Henderson, Notary Public, Brazos Co., Tex. (SEAL) • • Claude Mitchell et ux 0 D E E D, Dated October 5th, 1891, to Q Filed October 5th, 1891, Recorded in Volume 8, page 612., Frank Vavra @ Deed Records, Brazos County, Texas. THE STATE OF TEXAS 0 COUNTY OF BRAZOS D KNOW ALL MEN BY THESE PRESENTS: That I, Claude Mitchell, joined by my wife, Mary Mitchell, of the County of Brazos, in the State aforesaid, for and in consideration of the sum of twenty two hundred and forty Dollars to me paid and secured to be paid by Frank Vavra, as follows: Five hundred dollars in cash and Seventeen hundred and Forty Dollars to be paid in 8 equal payments of two hundred and seventeen dollars and 50/100 as is evidenced by 8 notes this day executed to said Claude Mitchell by said Frank Vavra, said notes due annually on the 5th day of December of each succeeding year, beginning on the 5th day of December, 1892 and ending on the 5th day of December, 1899, said notes bearing interest at the rate of 8 per cent per annum from this date, said interest payable annually on said 5th day of December of each year, beginning on the 5th day of December, 1892; have G RANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey unto the said Frank Vavra, of the County of Brazos and State of Texas, all that certain tract or parcel of land situated in Brazos County, Texas, and being a part of the R. Carter League and being the interest of Mary Mitchell (nee Reed) and Stephen Reed, the s me being set apart to said parties in suit No. 1229, styled. G. Kelly vs. P. A. E. Reed, the same being Lot No. 1 set apart in said suit to said Mary and Stephen Reed in said suit, and BEGINNING at the South corner of said tract, the same being the West corner of a tract owned by Jas. Cooper, at a stake in S. E. league line; THENCE N 45 E 2432 varas with S. E. line of said tract and corner, from which a P. 0. 6 inches in dia brs South 5 vrs and another brs S 67 W 7 vrs; THENCE N 45 "1 650 vrs and corner, from which a P. 0. 14 inches in diameter brs S 87i W 6 vrs, another 12 inches in dia brs N 24 W 4 vrs; THENCE S 45 W 2432 vrs and corner in league line; THENCE S 45 E 650 vrs and thc PLACE CF BEGINI'IMG , containing two hundred and eighty acres of land. 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 Frank Vavra, his heirs and as- signs forever. And we do hereby bind ourselves, our heirs, executors and administrators to Warrant and Forever Defend, all and singular, thc said premises unto the said Frank Vavra, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the sane or any part thereof. 38 • • But it is expressly agreed and stipulated that the vendor's lien is retained against the above described property, premises and improvements until the above described notes and all inter- est thereon are fully paid according to their face and tenor, effect and readin, when this deed shall become absolute. Witness our hands at Bryan, this 5th day of October, A. D. 1891. Claude Mitchell ?Lary L itchell THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE M.E, Sam R. Henderson, a Notary Public in and for Brazos County, Texas, on this day personally appeared Claude Mitchell, 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 office this 5th day of October, A. D. 1891 Sam R. Henderson, Notary Public, (SEAL) B razos County., Texas. TBE STATE OF TEXAS 4 COUNTY OF BRAZOS BEFORE ME, Sam R. Henderson, a Notary Public in and for Brazos County, Texas, on this day personally appeared I,Irs. Mary Mitchell wife of Claude Mitchell, 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 sane fully explained to her she the said Mrs. nary Mitchell acknowledged such instrument to be her act and deed and declared that 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 5th day of October, A. D. 1891. Sam R. Henderson, (SEAL) Notary Public, Brazos.9o., Texas 39 Claude Mitchell ' 0 RET.FASE, Dated August 29th, 1899, to 0 Filed September 8th, 1899, Recorded in Volume 1, page 362, Frank Vavra ¢ Release Records, B razos County, Tex. - -« THE STATE OF TEXAS Q COUNTY OF BRAZOS $ WHEREAS, by Deed dated October 5th, 1891, recorded in County Clerk's office of Brazos County, Texas, in Book 8, pages 612, 613 and 614, Claude Mitchell and PIary Mitchell conveyed to Frank Vavra 280 acres of land fully described in said deed, to which re- ference is hereby made, retaining therein a vendor's lien secur- ing payment of Seventeen Hundred and forty dollars, for which said Frank Vavra executed his promissory notes as follows: Eight notes for the sum of y 217,50 each, due and payable, Dec. 5th, 1892, Dec. 5th, 1893, Dec. 5th, 1894, Dec. 5th, 1895, Dec. 5th, 1896, Dec. 5th, 1897, Dec. 5th, 1898 and Dec. 5th, 1899, respectively, said notes of date Oct. 5th, 1891, and with interest at 8 per cent per annum, said note payable t B ryan, Texa3; and WHEREAS, said Frank Vavra has paid the said notes in full satisfaction of said incumbrance; now T HEREFOR , I, Claud Mitchell do hereby release the above described property from the vendor's lien aforesaid. In witness whereof, I have hereunto set my name at Houston, Texas, this 29th day of August, 1899. Claude Mitchell TILE STATE OF TEXAS 0 COUNTY OF HARRIS ¢ BEFORE LIE, J. M. McCord, a Notary Public in and for Harris County, Texas, on this day personally appeared Claude Mitchell, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me - thus he e :ecuted the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 29th day of Augt. 1899. (SEAL) J. M. McCord, Notary Public, 10i IRS Barris Co., Texas attached and cancelled Frank Vavra et ux ¢ D E E D, Dated September 27th, 1920, to Q Filed September 28, 1920, Recorded in Volume 53, page 518, H.P. Dansby Deed Records, Brazos County, Texas THE STATE OF TEXAS Q COUNTY OF BRAZOS 0 KNOW ALL MEN BY THESE PRESENTS: That I, Frank Vavra, joined by my wife, Mary Vavra, of the County of Brazos, State of Texas, for and in consideration of the sum of Nine Thousand and Eight Hundred and no /100 Dollars, to us paid and secured to be paid by H.P. Dansby as follows, to -wit: the sun of Four Thousand and Two Hundred Dollars (4200.00) cash in hand paid, the receipt of which is hereby acknowledged, and the balance to be paid as evidenced by Four (4) certain vendor lien notes, of even date herewith, and executed by said H. P. Dansby payable to Frank Vavra or order, at Bryan, Brazos County, Texa , on or before September 27th, 1921, 1922, 1923, and 1924 respectively, said four notes being for the sum of Fourteen Hundred Dollars 01400.00) each and bearing interest from date until paid at rate of seven per cent (7 %) per annum, the interest payable annually as it accrues, and all past due interest bearing interest from the maturity thereof until paid at rate of seven per cent (7%) per annum, and each of said notes providing that failure to pay same, or any instalment of interest thereon, when due shall, at the election of the holder of them or any of thorn, mature all of said notes, and each of said notes further providing that if it be not paid at maturity and be placed in the hands of an attor- ney for collection, or be collected by suit or through the pro- bate Court, the maker thereof agrees to pay ten por cent addi- tional on the principal and interest then owing thereon, as attorneyls fees, have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convoy, unto the said H. P. Dansby, of the County of Brazos, State of Tcxas, all that certain tract or parcel of land lying and being situated in the R. Carter League in Brazos County, Texas, and being tho interest of Nary Mitchell (nee Reed) and Stephen Reed set apart to them in suit No. 1729 on the Civil Docket of the District Court of Brazos County, Texas, styled G. Kelly vs. P. A. E. Reed, et als, tho sane being Lot No. 1 sot apart in said suit to said Mary and Stephen Reed, and further described as follows, to -wit: BEGINNING at the South corner of said tract, the same being the West corner of a tract owned by James Cooper at a stake in S. E. league line; THENCE run N 45 E 2432 varas, with S. E. lino of said tract and corner from which a P. 0. 6 ins. in dia. brs South 5 varas, and another bears S 67 W 7 varas; THENCE N 45 W 650 varas and a corner from which a P. 0. 14 ins. in dia. brs S 872 W 6 varas, another 12 ins. in dia. brs N 24 W 4 varas; THENCE S 45 W 2432 varas and corner in league line; fr i • THENCE S 45 E 650 varas to the PLACE OF BEGINNING, con- taining Two Hundred and Eighty (280) acres of land, more or less, and being the same land conveyed to mo, Frank Vavra, by Claude Mitchell and wife, Mary Mitchell„ by Deed dated October 5th, 1891, and recorded in the Deed Records of Brazos County, Texas, in Volume 8, pages 612 to 614, to which Deed and its said re- cord, and the deeds and records therein mentioned, reference is here made for further description of said land hereby con- veyed. It is further understood and agreed that the grantors herein shall pay all Taxes for the year 1920, on said land hereby conveyed, and shall have the rents and profits of and from same for and during said year 1920, and that they shall give possession of said land to the grantee herein by or be- fore December 1st, 1920. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto To have and To Hold the above described premises together with all the right: and a su_ n rtenaces thereto iii any - wise belonging unto the said H. P. Dansby, his heirs and assigns forever, and we do hereby bind ourselves, our heirs, executors and administrators, to Tarrant and Forever Defend, all and sin- gular the said premises unto the said H. P. Dansby, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed and stipulated that the Ven- dor's Lien is retained against the above described property, premises and improvements, until the above described notes, and all interest thereon are fully paid according to their face and tenor, effect and reading, when this deed shall become absolute. Witness our hands at Bryan, Texas, this 27th day of Sep- tember, A. D. 1920. $10.00 Revenue Stamp Frank Vavra affixed and duly cancelled Mary Vavra THE STATE OF TEXAS COUNTY OF BRAZOS 0 BEFORE ME, Robert Armstrong, a Notary Public in and for Brazos County, Texas, on this day personally appeared Frank Vavra, 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 office, this 28th day of September, A. D. 1920. Robert Armstrong, Notary Public in (SEAL) and For Brazos County, Texas. THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, Robert Armstrong, a Notary Public in and for Brazos County, Texas, on this day personally appeared Mrs. Eary Vavra, wife of Frank Vavra, 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. Mary Vavra, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and considera- tion therein expressed, and that she did not wish to retract it. Given under my hand and seal of office, this 28th day of September, A. D. 1920. Robert Armstrong, Notary Public in and (SEAL) for Brazos County, Texas. t r Frank Vavra ¢ TRANSFER, Dated September 30th, 1920, to Filed October 15th, 1920, Recorded in Volume 53, page 561, Chas. Gorzycki Deed Records, Brazos County, Texas. THE STATE OF TEXAS COUN'T'Y OF BRAZOS ¢ KNOW ALL MEN BY THESE PRESENTS: That I, Frank Vavra, of the County of Brazos, State of Texas, for and in consideration of Fourteen Hundred and no /100 Dollars to me in hand paid by Chas. Gorzycki of Brazos County, Texas, the receipt of which is hereby acknowledged, has this day Sold, Conveyed and Assigned, and by these presents do Sell, Convey, and Assign, unto the said Chas. Gorzycki without recourse on me, one certain vendor's lien note executed by H. P. Dansby, in favor of myself, Frank Vavra, in the sum of Fourteen Hundred and no /100 Dollars dated September 27th, 1920, and bearing interest from date at the rate of Seven per ce ntum per annum, together with an attorney's fee of ten per cent, and due on or before Sep - tember 27t'.i, 1921, being Note No. 1 in a series of four notes of 0.400.00 each, executed by said Dansby to me of said date, said note having been executed in part payment for the following des- cribed lot or parcel of land situated in the County of Brazos, State of Texas, to -wit: Situated in the R. Carter league in Brazos County, Texas, and containing 280 acres, more or less. And I also hereby bargain, sell and convey unto the said Chas. Gorzycki all of the right, title and interest owned or held by me in said land by virtue of said note herein conveyed and assigned. Said land and note being fully set out and des- cribed in a deed duly executed by myself and wife to the said H. P. Dansby on said date and recorded in Volume 53, page 518, Records of Deeds for Brazos County, Texas, which is referred to and made a part hereof for further description. TO HAVE AND TO HOID unto the said Chas. Gorzycki, heirs and assigns, the above described note, together with all and singular the contract lion, vendor's lien, rig hts, equities, titles and interest in said land, which I have by virtue of being the vendor in said deed and payee in said note and the legal holder and owner of said note. And I hereby authorize the said Chas. Gorzycki, his heirs and assigns, to release the said vendor's lien on payment of said note by a duly executed release. Witness my hand this 30th day of September, A. D. 1920. Frank Vavra THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned, a Notary Public in and for Brazos County, Texas, on this day personally appeared Frank Vavra, 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. G iven under my hand and seal of office, this 30th day of September, A. D. 1920. W. G. ''Taliafcrro, Notary Public, (SEAL) Brazos County, Texas. Chas. Gorzycki a TRANSFER, to Dated October 15th, 1920, Filed October 15th, 1920, Recorded in Volume 53, page 560, Mrs. W. T. Goode D Deed Records, Brazos County, Texas. -- THE STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: That I, Chas. Gorzycki (sometimes spelled Chas. Gorecky) of the County of Brazos, State of Texas, for value received, this day to rime in hand paid by Mrs. W. T. Goode, a widow, of Bexar County, Texas, the receipt of which is hereby acknowledged, has this day sold, conveyed and assigned, and by these presents do Sell, Convey and Assign unto the said Mrs. W. T. Goode, without recourse on me, One (1) certain vendor's lien note executed by H. P. Dansby in favor of Frank Vavra, and by him duly endorsed, transferred and assigned to me, said note being in the sum of Fourteen Hundred and no /100 Dollars, dated September 27th, 1920, and bearing interest from date at the rate of Seven per centun per annum, together with an attorney's fee of ten per cent and due on or before September 27th, 1921, being Note No. 1 of a series of four (4) notes for the sum of W.400.00 each executed by said Dansby to said Vavra, said note having been executed in part payment for the following described lot or parcel of land situated in the County of Brazos, State of T exas, to -wit: Situated in the R. Carter league in Brazos County, Texas, and containing Two Hundred and Eighty (280) acres, more or less. And I also hereby Bargain, Sell and Convey unto the said Mrs. W. T. Goode all of the right, title and interest owned or held by me in said land by virtue of said note herein conveyed and assigned. Said land and note being fully set out and described in a deed duly executed by Frank Vavra and `wife, Mary Vavra, to the said H. P. Dansby, said deed dated September 27th, 1920, and recorded in Volume 53, page 518, Records of Deeds for Brazos County, Texas, which is referred to and made a part here- of for further description. TO HAVE AND TO HOLD unto the said sirs. W. T. Goode, her heirs and assigns, the above described note, together with all and singular the contract lien, vendor's lien, rights, equities, titles and interest in said land, which I have by virtue of be- ing the transferee of said note and the legal holder and owner of said note. And I do hereby bind myself that said note is the first and only lien on said land, so far as is known to me, and that all payments, offsets and credits to which said note is entitled, do appear on the back of said note. And I hereby authorize the said Mrs. W. T. Goode, her heirs and assigns, to release the said vendor's lien on payment of said note by a duly executed release. Witness my hand this 15th day of October, A. D. 1920. Chas. Gorzycki ° • TEE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, J, N. Dulaney, a Notary Public in and for Brazos County, Texas, on this day personally appeared Chas, Gorzycki 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 office, this 15th day of October, A. D. 1920. J. N. Dulaney, Notary Public in and (SEAL) for Brazos County, Texas. 4 :: Mrs. Florence Cavitt Goode 0 POWER OF ATTORNEY, Dated July 14th, 1920, To 0 Filed January 4th, 1921, Recorded in Volume 54, page 167, Robert Armstrong 1 Deed Records, Brazos County, Texas THE 'STATE OF TEXAS 0 COUNTY OF BEXAR 0 KNOW ALL MIEN BY THESE PRESENTS: That I, Mrs. Florence Cavitt Goode, a widow (being the surviving wife of W. T. Goode, deceased, and who aften sign my name "Mrs. W. T. Goode" aa well as "Mrs. Florence Goode") of the County of Bexar, State of Texas, have named, constituted and appointed, and by these presents do hereby hame, constitute and appoint, Robert Armstrong, of Brazos County, Texas, my true and lawful attorney in fact for me, and in my name, place and stead to take possession of all lands and interests in lands now or that may hereafter be owned by me, or to which I may now or hereafter become entitled, and situated in the State of Texas, and especially all lands and interests in lands now owned or that may hereafter be owned by me and situated in Bexar County, Texas, and I hereby fully authorize my said attorney in fact to sell and convey, or otherwise dispose of same or any part there- of to such person or persons as he may sec fit and upon such terns and at such prices and at such times as he may deer best or proper; and until same be sold, I hereby authorize him, my said attorney in fact, to lease same or any part thereof to such person or persons and upon such terms as he may see fit; and I further fully authorize and empower my said attorney in fact to demand, and collect, by suit or otherwise, all sums of money now owing, or that may hereafter be owing to me by any person or persons, corporation or corporations, whatsoever; and I further authorize my said attorney in fact to, in my name, execute, acknowledge and deliver all such deeds, releases, receipts, and other instruments in writin` as he may deem necessary or proper in and about the matters above stated, and in and about all other matters of any and every kind pertaining to the management of my business and property; and if at any time my said attorney in fact should deem it best so to do I hereby authorize him to compromise and settle on such basis and terms as he may think best any debts that may be owing to me, and also any disputes or controversies of any kind whatever that may arise in connec- tion with the management of my business and property; and I fur- ther authorize him to employ such assistance as he may sco fit in connection with the exercise of his powers given him by this instrument. I further authorize and empower by said attorney in fact to invest and re- invest all sums of money belonging to me, that may come into his hands, in such manner and upon such terms as he may see fit and gcnorally to exercise and use his own judgment in all matters pertaining to my business and property and the handling and disposition of same or any part thereof. I have placed in the hands of the said Robert Armstrong, as my agent and attorney in fact, all of my property and business to be handled, managed, controlled and disposed of by him in any way he may think best for my interest and the object and purpose of this Power of Attorney is to vest in, and I hereby do vest in, said Robert Armstrong, as my said attorney in fact, full powe and authority to do and perform not only all the acts and things hereinbefore mentioned, but also all such other acts and things as he may deem necessary or proper in the premises, as fully to all intents and purposes, as I might or could do if personally 7 47 present and acting, and I hereby ratify and confirm all things whatsoever that my said attorney in fact shall or may do in the premises by virtue hereof. And in the execution of any instru- ment pursuant to the powers given him in this instrument, I hereby authorize my said attorney in fact to sign my name either "Airs. Florence Cavitt Godde" or Mrs. W. T. Goode", whichever may seem to him most expedient or proper in each particular case. Witness my hand at San Antonio, Texas, this the 14th day of July, A. D. 1920. Mrs. Florence Cavitt Goode Twenty Five Cent Revenue Stamp affixed and duly cancelled. THE STATE OF TEXAS f COUNTY OF BEXAR Q BEFORE ME, W. E. Shaw, a Notary Public in and for Bexar County, Texas, on this day personally appeared Mrs. Florence Cavitt Goode, a widow, known to me to be the person whose name is subscribed to the foregoing instrument, and she acknowledged to me that she executed the same for the purposes and considerations therein expressed. Given under my hand and seal of office, at San Antonio, Texas, this the 14th day of July, A. D. 1920. W. E. S.'rw, Notary Public in and (SEAL ) for for Bexar County, Texas . , RIr's • W. T. Goode Armstrong, Attorney Robert 0 RELEASE, e Y in Fact Dated August 2 � 25th, 1922, to 0 Filed August 25, 1922, 0 Recorded in Volume 9, page 208, H. F. Dansby Release Records, D Brazos County, Texas -- - -- TEE STATE OF TEXAS 0 COUNTY OF BRAZGS $ WHEREAS, by deed dated September Deed Records of Brazos C 27th, 1920, and recorded in the Frank Records and :wife of unt Texas, in Volume 53, page 518 H. P. Dansby of Brazos County, County, Texas, conveyed to � (280) acres of land, more or less, in the R. Carter League Texas, Two Hundred and Eighty land 0 in Brazos County, Texas, retaining therein a Vendor's of Lien securing the payment of four (4) s s aggregating sum of Fifty ) certoln Promissory notes executed by the said H. P Y Six Hundred Dollars �` of Fourteen th r P. Dansby, said notes 0 the nd,. ed Dollars a payable to the sum Frank Vavra or order at Bryan, Frank Vavra 27th, Y , Brazos Count' PT s, on or fore S interest 2 th, 1921, until 1 , Texas, o or be- cent �, � 1922, 1923, 192, respectively, and ( per annum, reference being at the rate said seven per further description here made to said deed and its said record for a fvSt description of said land notes; and WHEREAS, afterwards September 30th, 1920, the first one tofmsaidinotes, namely, writing note due on or before September 27tI, and assigned by the said Frank Vavra�to�Chas, was transferred yckj;a said WHEREAS b y an cki; and instrument in writing dated October 15th, valuable co 1920, Chas. Gorzycki for va lunsi �- 1920, C d said first one of l consideration transferred assigned or ed fore Sfirst one 27 said notes, nam erred and and , 1921, to Mrs. W. T. g od note due 1 • Goode, a widow; WHEREAS, said first note September 27th, 1921, has been namely, pa said note due on or before W. T. Goode; paid by said H. now P. Dansby to said Mrs. THEREFORE, 1, the said M and through my attorney in fact • W. T. Goode, a widow, acting by legal owner and holder of the , Robert Armstrong, being the notes, namely she first one of said above described namel said note due on or before September 27th at the time of its said �a , Payment of said first note�nort�heo hereby acknowledge 27th, Dollars (41400,00) and due on or ,fi °sure of said Fourteen Hundred and do hereby release said land frrorsaid Vendor's2Lie1' 1921, as t apples to said above as i rx. W. T. Gs o described first note, so paid to as- aforesaid, said, and no further. A. D. Witness my hand at Bryan, Texas, this 25th day of August, Ears. W. T. Goode, By Robert Armstrong, Attorney in Fact. TEE STATTE� ODF� T�E;XAS COUNTY l�r Ol' B1lriG,Oti BEFORE ME, J. N. Dulaney, a Notary T exas, on this day Public in and for Brazos County, attorney on fact ay personally appeared Robert Armstrong, to be the person whose name W T • Goode, a widow, known to me instrument, and ackno dis subscribed to the foregoing for the purposes and considerationstthereineexpressed, and the in the capacity therein stated. n Given under my hand and seal of office, this 25th day of Au"ust, 1922. (SEAL) J. N. Dulaney, Notary Public in and for Brazos County, Texas, Frank Vavra Q REUSE to Dated August 28th, 1922, Q Filed August 28th, 1922, Recorded in Volume 9, page 210, H . P. Dansby Q Release Records, Brazos County,. Texas. THE STATE OF TEXAS COUNTY OF BRAZOS Q WHEREAS, by Deed dated September 27th, 1920, and recorded in the Deed Records of Brazos County, Texas, in Volume 53, page 518, Frank Vavra, joined by his wife, Mary Vavra, of Brazos County, Texas, conveyed to H. P. Dansby, of Brazos County, T exas, Two Hundred and Eighty (280) acres of land, more or less, situated in the R. Carter League in Brazos County, Texas, retaining in said deed a vendor's lien securing the payment of four (4) certain vendor lien notes, of even date with said deed, and executed by said H. P. Dansby in part payment for said land said notes being for the sum of Fourteen Hundred Dollars 01400.00) each, and payable to said Frank Vavra or order on or before September 27th, 1921, 1922, 1923, and 1924, respectively; reference being here made to said deed and its said record for further description of said land and notes; and J EREAS, afterward by mene transfers the first one of said notes, to -wit: the said note payable on or before said September 27th, 1921, was duly transferred to Mrs. '`T. T. Goode, a widow, and has since been paid; and WHEREAS, the remainjn three (3) of said notes, to-wit: said three (3) notes for the sum of :1400.00 each, payable on or before September 27th, 1922, 1923 and 1924 respectively have been fully paid to me, the said Frank Vavra in full satisfaction of said lien; now THEREFORE, I, the said Frank Vavra, be.n; the legal owner and holder of said last three mentioned notes, to -wit: said notes payable on or before September 27th, 1922, 1923, and 1924 respec- tively, at the time of their said payment do hereby acknowledge the full and final payment of same by said H. P. Dansby, and do hereby release said land and every part thereof from the said vendor's lien heretofore existing on sane by virtue of said deed and notes, and do declare said notes fully paid off and said land released from said lion so far as it applies to said three notes so paid to me as aforesaid, but no further. Witness my hand at Bryan, Texas, this 28th day of August, A. D. 1922. Frank Vavra THE STATE OF TEXAS Q COUNTY OF BRAZOS Q BEFORE ICE, Robert Armstrong a Notary Public in and for BrazosCounty, Texas, on this day personally appeared Frank Vavra, known to Me to be the person whose nacre is subscribed to the foregoing instru- ment, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed. Given under my hand and seal of office at B ryan, Texas, this the 28th day of Au..; u s t, A. D. 1922. Robert Armstrong, Notary Public in (SEAL) and for Brazos County, Texas 51 T. B. Collins et ux 0 D E E D, to Dated December 26th, 1882, 0 Filed January 4th, 1883, James Cooper Recorded in Volume X, page 69, Deed Records, Brazos County, Texas. - - THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 KNOW ALL LIEN BY THESE PRESENTS: That we, T. B. Collins and his wife, P. A. E. Collins, of the State and County aforesaid for and in consideration of the sum of Fifteen Hundred Dollars to us in hand paid by James Cooper of said County and State, the receipt of which is hereby acknowledged, have GRANTED, BARGAINED, SOLD, RELEA SED and CONVEYED, and do by the presents Grant, Bargain Sell, said James Cooper hi ' , Release and Convey unto following described ' heirs and assigns forever, the property, to -wit: A certain tract or parcel of land situated in the County of Brazos, a part of the Richard Carter Headright League, and more particularly described as follows: BEGINNI`IG at West corner of Lot No. 1, a stake in South Vlest league line; THENCE N 45 E with the north west line of lot No. 1, 2432 vs to North corner of same; THENCE North 45 71 1550 varas to stake in North West line from which a post oak lU inches in diameter brs South 371 East 5 varas, and another 3 inches in diameter brs South 20 West 5 varas; THENCE South 45 W 2432 varas with said line to west corner of tract in South East league line; THENCE South 45 East 550 varas to the BEGINNING, and containing two hundred and thirty seven acres, more or less, together with all and singular the rights, hereditaments and appurtenances to� the risame, belonging or in anywise appertaining. TO HAVE AND TO HOLD the same to hint, the said James Cooper, his heirs and assigns forever. Collins and his wife P. And we, the said T. B. . A. E. Collins, do hereby bind ourselves, our executors and administrators to Warrant and Defend the title to all and singular the same to hint, the said Jaynes Cooper, his heirs and assigns forever against the lawful claims of all persons whomsoever claiming or to claim the same or any part thereof. Witness our hands this Deer. 26, A. D. 1882. T. B. Collins P. A. E. Collins 5`2 TEE STATE OF TEXAS BRAZOS COUNTY BEFORE ME, D. C. Barmore, County Texas, on this day Judge in and for Brazos County, Te P. A. Collins, yer personally appeared T. B. Collins and his known to be the names are subscribed to the foregoinginstrument,sand acknow- ledged to me that they had executed the same for the rand considerations therein expressed. And the said P. A . E Collins, wife of the said T. B. Collins, being examined by me privily and apart from her husband, and having the same fully explained to her, she the said P. A. E. Collins, such instrument to he her act and deed and declared that e she d had signed the same without any fear or compulsion on the part of her husband, and did not wish to retract it. Giten under my hand and the seal of the County Court of :Brazos County, December 1882. (SEAL) D. C. Barmore, Co. Judge B. C. ; 53 - r J � James Cooper D E E D, Dated August 10th, 1893, to 0 Filed August 30th, 1893, Recorded in Volume 11, page 639, Wincentz Kapczynski Deed Records, Brazos County, Texas. Ti E STATE OF TEXAS 0 COUNTY OF BRAZOS 0 KNOW ALL MEN BY THESE PRESENTS: That I, James Cooper, of the County of Brazos, State of Texas, for and in consideration of the sum of Twenty Three Hundred and Seventy (02370.00) Dollars to be paid by Wincentz Kapczynski, as follows: Three H undred and Seventy (370.00) Dollars on December lst, 1893; V2OO.0O oa December 1st, 1894; 200.00 on December 1st, 1895; 5200.00 on December 1st, 1896; p2.00.00 on December 1st, 1897; 1 )200.00 on December 1st, 1898, `'200.00 on December lst, 1899; V200.00 on December lst, 1900; >200.0O on December lst, 1901; ;,:200.00 on December 1st, 1902; 200.00 on December 1st, 1903, all of said notes to bear interest at 10 per cent from date; have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey unto the said Wincentz Kapczynski, of the County of Brazos, State of Texas, all that certain tract or parcel of land situated in the County of Bra ?.os and a part of the Richard Carter League and more particularly described as follows: BEGINNING at the East cor of Lot No. 1 out of the 880* acres partitioned among the heirs of r.Iary Ann Reed, a stk in said league line; THENCE North 45 E with the North 'West line of Lot No. 1 2432 vrs to North cor of same; THENCE North 45 West 550 vrs to stk in North West line of the said 880* acre tract, from which a post oak 10 in. in dia brs S 372 East 5 vrs and another 3 in in dia brs S 20 W 5 vrs; THENCE 45 vrs 2432 vs with said line to the West car of said tracer-South East league line; THENCE S 45 E 550 vrs to the BEGINrNING, containing 237 acres of land, more or less, and being Lot No. 2 set apart to Mrs. P. A. E. Collins in the partition of the 880j37 acre tract of record in the Minutes of the District Court, Book F, page 480. 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 Wincentz Kapczynski, his heirs and assigns, forever; and do hereby bind myself, heirs, exe- cutors and administrators to Warrant and Forever Defend all and singular the said premises unto the said Wincentz Kapczynski, heirs and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improvements until the above described notes and all interest thereon are fully paid according to their face and tenor, reading • • and effect, when this deed shall become absolute. Witness my hand at Bryan this 10th day of August, A. D. 1893. James Cooper THE STATE OF TEXAS 1 COUNTY OF BRAZOS BEFORE LIE, A. G. Beard, District Clerk in and for Brazos County, Texas, on this day personally appeared James Cooper, 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 office this 10th day of August, A. D. 1893. A. G. Beard, C. D. G. B. C. (SEAL) q Y• • Wincentz Kapczynski ¢ D E E D, Dated December 15th, 1894, to ¢ File:? December 27th, 1894, James Cooper Recorded in Volume 14, page 67, P ¢ Decd Records, Brazos County, Texas. THE STATE OF TEXAS ¢ COUNTY OF BR(ZOS ¢ KNOW ALL MEN BY PRESENTS: That I, Vincentz Kapczynski of the County of Brazos, State of Texas, for and in consideration of the sum of Two Thousand Dollars to me in hand paid by James Cooper as follows: My certain ten pro .issorg:notes for sum of Two Hundred dollars each, dated iuth uay of August, 1893, and due and payable respectively on Doc. 1st, 1894, 1895, 1896, 1897, 1898, 1899, 1900, 1901, 1902, and 1903, and which were executed by me in part payment of the hereinafter descrned tract of land, and are now surrendered to me, cancelled by tho said Cooper, and in consideration thereof I reconvey bach to said James Cooper tho said land heretofore convoyed to me by him, have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey unto the said James Cooper of the County of Brazos, State of Texas, all that certain tract or parcel of land situated in the County of Brazos and a part of the Richard Carter Headright League, and more particularly described as follows, to -wit: BEGINNINC at the W corner of Lot No. 1 out of a tract of 880: acres partitioned among the heirs of Mary Ann Reed a stake in the S. W. league line; THENCE N 45 E with the N. W. line of Lot No. 1, 2432 vrs to North of same; THENCE N 45 W 550 vs to stake in N. W. line of the said 8804 acres tract from which a P. 0. 10 inch in dia brs S 372 E 5 vrs and another 3 inch in dia brs S 20 W 5 vrs; THENCE S 45 W 2432 vs with said line to the J corner of said tract in S. E. league line; THENCE S 45 E 550 vrs to the PLACE OF BEGINNING, containing 237 acres of land, more or less, and being Lot No. 2 set apart to Mrs. P. A. E. Collins in the partition of the 8804 acre tract of record in the Minutes of the District Court, Book F, pp ge 480. 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 James Cooper,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 James Cooper, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Witness my hand at Bryan this 15th day of December A. D. 1894. Wincentz Kapczynski TEE STATE OF TEXAS 1 COUNTY OF BIAZOS BEFORE ME, J, W. Barron , Clerk of the County Court in and for Brazos County, Texas, on this day personally appeared V incentz Kap- cz nski, known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed thu same for the purposes and consideration therein expressed. Given under my hand and seal of office this 15th day of December, A. D. 1894. J. W. Barron, C. C. C. B. C. (SEAL) • • James Cooper RELEASE, Dated May 5tiz, 1911, to 4 Filed May 5th, 1911, Recorded in Volume 3, page 525, Wincentz Kapczynski 0 Release Records, Brazos County, Texas TIC. STATE OF TEXAS 0 COUNTY OF BRAZOS 0 WHEREAS, by Deed dated August 10th, 1393, and recorded in the Deed Records of Brazos County, Texas, in Volume "117 page 639, James Cooper of Brazos County, Texas, conveyed to Wincentz Kapczynski two hundred and thirty seven (237) acres more or less of land situated in the Richard Carter Leag ue in Brazos County, Texas, retaininrz. in said Deed a vendor's lien securing the payment of eleven (11) certain vendor lien notes executed by said Wincentz Kapczynski to said James Cooper in payment for said land, one (1) of said notes being for the stun of Three hun- dred and Seventy Dollars (.;x370.00), and the remaining ten (10) of said notes being for the sum of Two Hundred Dollars x.200.00) each, reference being here made to said deed and its said record for further description of said land and notes; and WHEREAS, said Wincentz Kapczynski paid to me the said note for Three hundred and Seventy Dollars ( :?370.00) together with all interest accrued; and WHEREAS, said Wincentz Iapczynski, being unable to pay said remaining ten (10) of said notes for the sum of Two Hundred Dollars (200.00) each, afterwards reconveyed said land to me, the said James Cooper, in full settlement and payment of said last mentioned ten. (10) notes, and 1 thereupon cancelled and returned said notes to said :'incentz Kapczynski; now THEREFORE, `l, the said Janes Cooper, being the legal owner and holder of each and all of said above mentioned eleven (11) notes at the time of their said payment and settlement as afore- said, do hereby declare each and all of said notes fully paid off and settled as aforesaid., and do hereby release said land from said vendor's lien above mentioned, and declared said lien and notes fully paid off, settled and forever discharged and released. Witness m,, hand at Bryan, Texas, this the 5th day of May, A. D. 1911. James Cooper TEE STATE OF TEXAS 4 COUNTY OF BRAZOS 0 BEFORE ME, Ed fall, a Notary Public in and for Brazos County, Texas, on this day personally appeared Janes Cooper, known to me to be the per- son whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same for the rur»eses and consideration therein expressed. Given under my hand and seal of office, at Bryan, Texas, this the 5th dad of May, 1911. Ed 'Hall, Notary Public in and for Brazos County, Texas (SEAL) 58 James Cooper 0 D E E D, Dated May 5th, 1911, to Q Filed May 5th, 1911, Recorded in Volume 33, page 610, H. P. Dansby 0 Deed Records, Brazos County, Texas. THE STA'2E OF TEXAS 4 COUNTY OF BF AZOS D KNOW ALL MEN BY THESE PRESENTS: That I, James Cooper, of the County of Brazos, State of Texas, for and in consideration of the sum of Seven Thousand and No /103 Dollars to me paid and secured to be paid by H. P. Dansby as follows, to -wit: As evidenced by two (2) certain vendor's lien notes of even date herewith executed by said H. P. Dansby, said two (2) notes being for the sum of Thirty -five hundred dollars ( 3500.00) each and payable to me, James Cooper, or order, at Bryan, B razos County, Texas, on or before Janry ist, 1912 and 1913, respectively, each of said notes bearing interest from date at rate of eight (3%) per cent per annum, interest payable January 1st, 1912, and annually thereafter as it accrues, and all past due interest bearing interest from the maturity thereof until paid at rate of eight (8) % per annum:, and each of said notes providing that failure to pay same or any installment of interest thereon when due shall at the election of the holder of either of said notes mature both of same, and each of said notes further providing that if it be not paid at maturity and be placed in the hands of atty for collection or be collected by suit or through the Probate Court an additional amount of ten per cent on the principal and interest then owing thereon shall be added to the same as attorney's fees; have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey unto the said H. P. Dansby of the County of Brazos State of Texas all that certain tract or parcel of land lying and being situated in the Richard Carter League in Brazos County, Texas, and further described as follows, to -wit: BEGINNING at the west corner of Lot No. 1 out of a tract of 8804 acres partitioned among the heirs of T.iary Ann Reed in District Court of Brazos County, Texas, a stake set in S. W. league line; THENCE N 45 E with the N. W. line of Lot No. 1 2432 varas to North corner of same; THENCE N 45 W 550 varas to stake in N. W. line of said 880* acre tract from which a P. 0. 10 ins. in dia brs. S. 37 E. 5 vrs and another 3 ins. in dia brs S 20 W 5 vrs; THENCE S 45 W 2432 vrs with said line to the west corner of said tract in S. W. league line; THENCE S 45 E 550 varas to the PLACE OF BEGINNING, contain- ing Two Hundred and Thirty Seven (237) acres of land, more or less, and being Lot No. 2 set apart to Mrs. P. A, E Collins in the partition of said 8804 acre tract as shown by decree of the District Court of Brazos County, Texas, recorded in the Civil Minutes of said Court in Volume r`, page 480, and being the same land described in Deed from Mrs. P. A. E. Collins and husband, T. B. Collins, to me, James Cooper, dated December 26th, 59 1882, and recorded in Deed Records of Brazos County, Texas, in Volume X, at page 69, which said land was afterwards conveyed by me James Cooper, to Wincentz Kapchinski and later reconveyed to me by said Wmzt. Kapczynski, reference being here made to said decree of District Court and to said deeds and their said records for further description of said land hereby conveyed.. 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 H. P. Dansby, his heirs and assigns forever. And I do hereby bind myself, my heirs, exe- cutors and administrators to Warrant and Forever Defend, all and singular the said premises unto the said H. P. Dansby, his heirs and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed and stipulated that the Vendors Lien is retained against the above described property, premises and improvements until the above described notes, and all interest thereon are fully paid, according to their face and tenor, effect and reading, when this deed shall become absolute. Witness my hand at Bryan, Texas, this 5th day of May A. D. 1911. James Cooper Thy' STATE OF TEXAS COUNTY OF BRAZOS BEFORE I;, Ed Hall, a Notary Public in and for Brazos County, Texas, on this day personally appeared James Cooper, 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 office this 5th day of May, A. D. 1911, Ed Hall, a Notary Public in and for (SEAL) Brazos County Texas. 60 • James Cooper RELEASE, Dated November 17th, 1911, to 0 Filed November 18th, 1911, Recorded in Volume 5, page 277, H. P. Dansby 0 Release Records, Brazos County, Texas. TIE STATE OF TEXAS COUNTY OF BRAZOS 0 WHEREAS, by Deed dated Iay 5th, 1911, recorded in the County Clerk's office of Brazos County, Texas, in Book 33, page 610 of deed records of Brazos County, Texas, James Cooper conveyed to H, P. Dansby of Brazos County, Texas, Two Hundred and Thirty seven (237) acres, more or less, of land situated in the Richard Carter League in Brazos County, Texas, and fully described in said deed, to which reference is hereby made, retain- ing therein a Vendor's Lien, securing payment of Seven Thousand and No /100 Dollars for which said H. P. Dansby executed two promissory notes of even date with said deed said notes being for the sum of Thirty Five Hundred Dollars (3500.00) each, payable to Janes Cooper or order on or before January 1st, 1912 and 1913, respectively, reference beinrf here made to said deed and its said record for further description of said land and notes; and WHEREAS, said H. P. Dansby has paid the said note in full satisfaction of said incumbrance; now THEREFORE, I, the said James Cooper, being the legal owner and holder of the above described notes at the time of their payment, do hereby release the above described property from the vendor's lien aforesaid, and declare the same extinguished. IN WITNESS WHEREOF I have hereunto set my name at Bryan, Texas, this 17th day of November, 19114 James Cooper THE STATE OF TEXAS Q COUNTY OF BRAZOS 0 BEFORE ME, W. P. Bryan, a Notary Public in and for said County and. State, on this day personally appeared James Cooper, 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 office, this 17 day of November, A. D. 1911. W. P. Bryan, Notary Public in and for (SEAL) Brazos County, Texas t • H. P. Dansby RIGHT OF WAY, Dated July 19th 1919, to Filed July 26th, 1919, Recorded in Volume 49, page 19, Humble Pipe Line Company § Deed Records, Brazos County, Texas. For and in consideration of the sum of eighty one & 07/100 dollars to the undersigne owners paid, the receipt of which is hereby acknowledged, the undersigned. hereby Brat to Humble Pipe Line Company, organized and existing under the — Taws of the State of Texas, its successors or assigns, the richt of way to lay, maintain, operate and remove a pipe line for the transportation of oil or gas, together with the right of ingress and egress on, over and through the following described lands situate in Brazos County and State of Texas, to-wit: In Richard Carter Survey. The said undersigned owners, their heirs or assigns to fully use and enjoy the said premises, exec» t as the same may be nec- essary for the purposes herein granted to the said H mble Pipe Line Company, its successors OP assign._. The said Humble Pipe Line Cimpany, its suceessors or assigns, hereby agrees to pay any damages which may arise from the laying, maintaining, operating or removing said pipe line said dama;;e, if not mutually agreed upon to be ascertained and determined by three disinteres- ted persons, one thereof to be appointed by the owners of said lands, their heirs or assigns, one by Humble Pipe Line Company, its successors or assi as, and the third by the two so appointed as aforesaid, and the award of such three persons shall be final and conclusive. It is further understood and agreed that the said Humble Pipe Line Company, its successors or assign:>, may at any time lay an additional lines of pipe alongside of the first line, as herein provided upon the oay.ent of alike consideration for each additional line when laid and subject to the same rights and conditions. Said company, its successors and assigns to have the right to change the size of its pities, the damage, if an in making such change to be paid by the said Humble Pipe Line Company, its successors or assigns. Humble Pipe Line Com- pany further agrees to bury and maintain all , lines so as not to interfere with the cultivation and drainage of said land. Humble Pipe Line Co. shall furnish a man to watch stock during construction if undersigned deems it necessary, or shall pay for man furnished by undersigned if he se desires. In witness whereof I have hereunto sot my hand and seal this 19th day of July, 1919. H. P. Dansby THE STATE OF TEXAS S 0 COUNTY OF BRAZOS § BEFORE HE, the undersigned authority, on this day personally appeared H. P. Dansby, nown to me to be the person whose name is subscribed to the foegoing instrument, and acknowledged to me that he execued the same for the purposes and considcra 'sion therein exprosse77 '- Given under my hand and seal of office, this 19th day of July, A. D. 1919. J. N. Dulaney, Notary Public in and for (SEAL) Brazos County, Texas. 62 H. P. Dansby 0 OIL AND GAS SSE, Dated January 18th, 1921, to 4 Filed March 24th, 1921, Recorded in Volume 56, page 61, J. N. Goodwin, et al, Trustees 0 Deed Records, Brazos County, T e x a s. - -- AGREEMENT, made and entered into on the 18th day of January, 1921, by and between H. P. Dansby of the County of Bra- zos, hereinafter called Lessor, and J. N. Goodwin and J. G elber, Trustees, hereinafter called Lessee; WITNESSETH: That the said Lessor for and in consideration of One Dollar cash and other considerations, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter contained on the part of the Lessee to be paid, kept and performed, have GR ANTBD, DFMIS: D, LEASED AND TRT and by these presents do GRANT, LEASE AND LET unto said Lessee for the sole and only purpose of mining and operating for oil, gas and other minerals, and of laying pipe lines, building tanks, power stations and such structures as may be needed thereon to produce, save and take came of said product, all that certain tract of land situated in the County of Brazos, State of Texas, and described as follows, to -wit: 1st. Two hundred and eighty (230) acres of land, more or less, situated in the Richard Carter league of land in Brazos County, Texas, and being he same tract of land conveyed to me, the said H. P. Dansby by Frank Vavra, wife, be deed dated September 9th, 1920 and recorded in Volumn 53, page 518, of the Deed Records of said Brazos County, Texas. 2nd: Two hundred and thirty seven (237) acres of land more or less situated in said Carter League and being the same tract of land more or less conveyed to nie, the said H. P. Dansby, by James Cooper by deed dated dated May 5th, 1911, and recorded in Volumn No. 33, page 610 of 71. Records. 3rd: One hundred and ninety acres of land, more or less, situated in said Carter league of land and being the same tract of land conveyed to me, the said 11. P. Dansby by E. W. G. Burton et als by deed dated October 31st, 1903, and recorded in Volumn No. 28, pages 83 and 84 of said Deed Records. 4th: One hundred and twenty four (124) acres of land, more or less, situated in the J. W. Scott league of land in said Brazos County, Texas, and being the same tract of land conveyed to me the said J. P. Dansby by Rosa Stasta et als by deed dated November 10th, 1904, and recorded in Volumn 49, page 43 et seq., of said Deed Records. 5th: Ninety six (96) acres of land, more or less situated in said J. W. Scott league and being the same tract of land conveyed to my father, Noah Dansby, by John I.IcCorquodale and wife by deed dated J ano 23rd, 1334, and recorded in Volumn no. Z, 157 et seq. of said Decd Records. 6th: One Hundred (100) acres of land, more 02 less, situated in said J. W. Sco : , league and being the same land cony veyed to my father, Noah Dansby, by Amos Poters and wife by deed dated August 12th, 1886, and recorded in Volumn 2, page 430 of said Deed Records. `a • 7th: Two Hundred and Forty (240) acres of land, more or less, situated in the B. B. B. & C. RR Survey, Abstract No. 85, in said Brazos County, and being the sane tract of land conveyed to me, the said 11. P. Dansby by D. G. Gibson by deed dated Dec. 13, 1915, and recorded in Vol. 44, page 335, of said Deed Records. Reference is madc for above mentioned deeds for particular des- cription of said tr cts. It is agreed that this lease shall remain in force for a term of five years from this date and as long thereafter as oil, gas or other minerals is produced from said land by the Lessee, In consideration of the premises the said Lessee covenants and agrees (1) to deliver to the credit of the Lessor, free of cost, in the pipe line to which they may connect their wells, the equal one - eighth (1 -8) part of all oil produced and saved from the leased premises; (2.) to pay the Lessor one hundred dollars each year in advance for gas from each well where gas only is found, while same is being used off the premises, and Lessor to have gas free of cost from any such well for all stoves and all inside lights for the principal house on all said land during the time by making their own connections with the well at their own risk and expense. (3) To pay Lessor for gas pro- duced from any oil well used off the premises at the rate of Twenty -Five Dollars per year for the time during which said gas shall be used. (4) If any other mineral be found in paying quan- tities the Lessee shall pay to the Lessor at the rate of fifty cents per ton for all of such minerals mined and marketed from said land except in the case of lignite ten cents per ton shall be paid. It is understood and agreed that the Lessee shall have free use of wood and water from said land for all purposes of deve- lopment and operations and shall have the right to build and repair tanks in the earth for storing water and shall have the right to build and erect storage tanks of earth and other mater- ial for the purpose of catching and storing oil on said premises. The Lessor herein and many of the land owners in this vici- nity desiring to have an oil well drilled on land in this terri- tory, and as it is an unproven and undeveloped field it is agreed that the drilling of a well by the Lessees or their assigns•on any one of the tracts of land which may be leased by them with- in Brazos County, Texas, shall be a sufficient consideration for this contract for the period of five years from this date. If, however, the Lessees herein or their assigns shall fail to begin drilling a well for oil, gas or to commence mining for other minerals on or within the County of Brazos on or before one year after the date hereof then this contract and lease shall be void, and shall not be considered any cloud or encumbrance on �^�.. the land, but if the Lessees or their assigns shall begin dril- ling a well for oil, gas or mining for other minerals on or before one year on or within Brazos County, then this lease shall be in full force and effect, provided that the work of development shall be prosecuted with diligence, taking into account the surroundings and conditions, but if a dry hole is drilled then another well shall be started within a reasonable time under like conditions and six months shall be considered a reasonable time. When requested by the Lessor, Lessee shall bury all pipe lines below plow depth. No well shall be drilled nearer than 200 feet of the house or barn now on said premises without the written consent i ,... of the Lessor. 64 • Lessee shall pay for damagos caused by all operations to growing crops on said land. Lessee shall have the right at any time to remove all machinery and fixtures placed on said pre - misos including the right to withdraw and romovo casing. If thc Lessor owns a loss interest in the above described land than thc ontire and undivided fee simple cstato therein then tho royalties and rentals herein provided shall be paid to said Lessor only in proportion to which thoir interest boars to the whole and undivided fee. If the estate of either party he.rcto is assigned and the privilege of assigning in whole or in part is expressly allowed, the covenants hereof shall extend to thoir hairs, executors, administrators, successors or assigns but no chango in the ownorship of thc land or assign cnt of the rentals or royalties shall be binding on the Lcsscd until after the Lossce has boon furnished with a written transfer or assign- ment or a copy thereof. The Lessor hereby warrants and agrees to defend the title to the land horcin described_ and agrees that the Lessec shall have tho right at any ti me to rodoom for thc . Lessor by payment any mortgages taxos or other lions on the above described lands, and in thc cvont of default of payment by the Lessor and be subrogatcd to the rights of the holder thoroof. In testimony whereof we sign this tho 13th day of January, A. D. 1921. H. P. Dansby THE STATE OF TEXAS 0 COUNTY OF BRAZOS BEFORE ME, W. P. Trant, a Notary Public in and for thc County of Brazos and State of Texas, on this day personally appeared H. P. Dansby, known to me to be tho person whose numc is sub- scribed to tho foregoing instrument and acknowledged to me that he executed the samc for the purposes and consideration therein expressed. Given under my hand and seal of offico on this the 13 day of January, A. D. 1921. W. P. Trant, Notary Public in and for (SEAL) Brazos County, Texas 65 J. N. Goodwin et al, Trustees 4 ASSIGNMENT, Dated April 30th, 1921, to 0 Filed June 16th, 1921, Recorded in Volume 56, page 315, The Two .Rivers Oil Company 0 Deed Records, Brazos County, T e x a s. TEE STATE OF TEXAS ¢ COUNTY OF BRAZOS d KNOW ALL MEN BY THESE PRESENTS: That we, J. N. Goodwin, Josef Gelber, C. S. Gainer, and G. G. G riffin, of Brazos County, Texas, for ourselves, and as T rustees, as stated in said leases, for and in consideration of TEN & N0 100 (yy10.00) to us paid by The Two Rivers Oil Company do hereby transfer, assign and convey the leases held by us or any of us, jointly and severally, as hereinafter described, and all our rights, title and interest in sad land hereinafter described by virtue of leases made to us unto the said THE TWO RIVERS OIL COMPANY, its successors and assigns. Said leases are here referred to and made a part hereof, we herein trans- ferring all rights and interest we have in said land by virtue of said leases to us. Said leases described as follows: (Here follows leases on land not needed in this abstract). FIFTY - SEVENTE A certain oil and gas mining lease made and entered into by and between H. P. Dansby, Lessor, and J. N. Goodwin and J. Gel- ber, Trustees, Lessees, on January 18th, 1921, covering the following described land, to -wit: 280 acres of land situated in R. Carter league in said County, convoyed to said Dansby by Frank Vavra and wife by deed dated September 9th, 1920, and recorded in Volumn 5 page 518, Deed Records of said County; also 237 acres of land situated in said Carter league conveyed to said H. P. Dansby by James Cooper by deed dated May 5th, 1911, recorded in Volumn 33, page 610, of said Deed Records; 190 acres of land situated — in said Carter league conveyed to said H. P. Dansby by E. W. G. Burton et als by deed dated October 31st, 1903, recorded in Volumn 28 pages 83 -84 of said Deed Records; also 124 acres of land situa- ted in the J. W. Scott league in said County conveyed to said Dansby by Rosa Stasta et als by deed dated November 10th 1904, and recorded in Volumn 29, page 43, et seq., of said Deed Records; also 93 acres of land situated in said Scott League conveyed to my father, Noah Dansby by John McCorquedale and wife by deed dated June 23rd, 1884, recorded in Volume D, page 157 of said Deed Records; also 100 acres of land situated in said Scotts league conveyed to my father, Noah Dansby, by Amos Peters and wife by deed dated August 12th, 1886, and recorded in Volumn 2, page 480 of said deed records; also 240 acres of land situated in the B. B. B. & C. RR Survey, Abstract No. 85, in ;aid County, conveyed to said H. P. Dansby by D. G. Gibson by deed dated December 13th, 1915, and recorded in Volume 44, page 355 of deod records of said County. Total number of acres being 1267. (Here follows other land not needed in ;;his abstract) TO HAVE AND TO HOLD unto the said Ti E TWO RIVERS OIL COMPANY, its successors anc assigns said lease and all rights and title acquired by us in said land by virtue of said leases. WITNESS our hands this the 30th day of April A. D. 1921. J. N. Goodwin Josef Gelber C. S. Gainer G. G. Griffin THE STATE OF TEXAS 0 COUNTY OF BRAZOS BEFORE ME, airs. Mary N. Beckwith, a Notary Public in and for Brazos County, Texas, on this day personally appeared J. N. Goodwin, Josef Gelber, C. S. Gainer and G. G. Griffin, each known to ine 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 consirerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office this the 30th day of April A. D. 1921. Mrs. Mary K. Beckwith, Notary Public (SEAL) in and for Brazos County, Texas 6' The Two Rivers Oil Company Q RELEASE, By J. N. Goodwin, President Dated May 23rd, 1925, W. F. Gelber, Secretary D Filed June 12th, 1925, Recorded in Volume 10, to 0 Page 367, Release Records, H. P. Dansby 4 TIra z ^ s County, Texas. THE STATE OF TEXAS 4 COUNTY OF BRAZOS 0 KNOW ALL MEN BY THESE PRESENTS: That the Two Rivers Oil Conr:?any, a corporation, duly incorporated under and by virtue of the laws of the State of Texas, acting herein by and through its President, J. N. Good - win, and by its Secretary, F. Gelber, and under and by author- ity of a resolution duly passed by the Board of Directors and said Company on the 22nd day of April, 1925, and shown of record in Volume 1, page 76 of the Minutes of said Board of Directors, for and in consideration of the sum of Onc and No /100 (1.00) Dollars to us cash in hand paid by H. 1. Dansby, the receipt of which is hereby ack.novrlcdr7ed, and other good and valuable considerations do hereby release unto the said H. P. Dansby all of the right, title and interest of The Two Rivers Oil Com- pany, of Bryan, Brazos County, Texas, in and to the following described tracts of land, to -wit: 1st: Two Hundred and eighty (280) acres of land, more or less, situated in the Richard Carter league of land in Brazos County, Texac and being the same tract of lard deed to me, the same H. P. Dansby by Frank Vavra, wife, by deecl dated Sep- tember 9th, 1920, and recorded in Volume 53, pare 518, of the Deed Records of said Brazos County, Texas. 2nd: Two Hundred and thirty seven (237) acres of land, more or less, situated in said Carter league and being the same tract of land conveyed to .ne, the said H. P. Dansby by James Cooper by deed dated May 5th, 1911, and recorded in Volume No. 33, page 610 of said Deed Records. 3rd: One Hundred and Ninety acres of land, more or less, situated in said Carter league of land and being the same tract of land conveyed to me, the said H. P. Dansby by E. W. G. Burton et als by deed dated October 31st, 1903, and recorded in Volume No. 28, pages 83 and 84, of said Deed Records. 4th: One hundred and twenty four (124) acres of land, more or less situated in the J. W. Scott league of land in said Brazos County, Texas, and being the sane tract of land conveyed to me, the said E. P. Dansby by Rosa Stasta et als by deed dated November 10th, 1904, and recorded in Volume 49, pac 43, of said Deed. Records. 5th: Ninety six (93) acres of land, more or less, situated in said J. W. Scott league and being the same tract of land con- veyed to my father, Noah Dansby by John IlcCorquodale and wife, by deed dated Juno 23rd, 1884, and recorded in Volume No. Z, page 157, et seq., of said Decd Records. 6th: One Hundred (100) acres of land, more or loss, situa- ted in said J. VJ. Scott league and being the same land conveyed to my father, Noah Dansby, by Amos Peters and wife by deed dated August 12th, 1883, and recorded in Volume 2, page 480, of said Deed Records. • s� 7th: Two Hundred and forty (240) acres of land, more or less, situated in the B. B. 13. & C. RR Survey Abstract No. 85, in said Brazos County, and being the same tract of land conveyed to me the said H. P. Dansby by D. G. Gibson by Deed dated Dec. 13, 1915, and recorded in Vol. 44, page 335, of said Deed Records, reference is made for above mdntioned deeds for particular description of said tracts. Said tracts of land being fully described in an oil and gas contract dated January 18, 1921, and recorded in Volume 56, page 61, Brazos County Deed Records, to which reference is made in aid of more particular description, said lease being given by Horace Dansby to J. N. Goodwin and J. Gelber, Trustees, and later assigned by the said J. N. Goodwin, J. Gelber to the said The Two Rivers Oil Company. And it is hereby distinctly understood and agreed that all of the right, title and interest of the said The Two Rivers Oil Company is hereby cancelled in and to said land by virtue of said original lease contract. In witness whereof, the Two Rivers Oil Company has caused these presents to be signed by its president, J. N. Goodwin attested by its secretary, W. F. Gelber, and its corporate seal to be affixed hereto on this the 23rd day of May, A. D. 1925. The Two Rivers Oil Company, By J. N. Goodwin, President Attest: W. F. Gelber, Secretary TILE STATE OF TEXAS COUNTY OF BRAZOS 4 BEFORE iE, the undersigned authority, on this day personally appeared J. N. Q-oodwin and `J. F. Gelber, president and secretary, respective- ly, of The Two Rivers Oil Company of Bryan, Brazos County, Texas, a corporation, known to me to be the persons whose names are subscribed to the foregoinG instrvmnent, and severally acknow- ledged to nie that they executed the same for the purposes and consideration therein expressed, in the capacities therein sta- ted, and as the act and deed of the said corporation_ Given under my hand and seal of office this !' - th flay of June, A. D. 1925. W. S. Barron, Notary Public in and for Brazos County, Texas (SEAL) fi�A H. P. Dansby 0 OIL AND GAS LEASE, Dated September 17th, 1924, to 0 Filed September 20th, 1924, Recorded in Volume 65, page 180, Roy Nunn 4 Deed Records, Brazos County, Texas. STATE OF TEXAS 0 COUNTY OF BR A ZOS Q KNOW ALL EE7 BY THESE PRESENTS: That this Agreement, made and entered into the 17th day of September, 1924, by and between H. P. Dansby of Brazos County, Texas, hereinafter called lessor (whether one or more), and Roy Nunn, hereinafter called lessee, Witnesseth: That the said lessor, for and in consideration of One Hundfed and No /100 (0100.00) Dollars, cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained on the part of lessee to be paid, kept and performed, have granted, demised, leased and let, and by these presents do grant, lease and let unto the said lessee for the sole and only purpose of mining and operating for oil and gas and of laying pipe lines and of building tanks, power stations and structures thereto to produce save and take care of said products, and undivided one -half (1/2) interest in and to all these certain tracts of land situated in the County of Brazos, State of Texas, described as follows, to -wit: First T ract: All that certain tract or parcel of land in Brazos County, Texas, being 190 acres of land, more or less, in the Richard Carter league in said Brazos County, Texas, and in that part of said league set apart to Mrs. Geraldine Kelly in the partition of the league, BEGINNING at the North or upper corner of the James Cooper tract on Carter's Creek; THENCE run S 45 W 1000 vrs with the S. E. line of the tract partitioned among the heirs of W. Reed, T. A. E. Collins and Mrs. G. Kelly to E. Corner of Lot 1 in that partition; THENCE N 45 W 1200 vrs with N. E. line of Lots 1 and 2 to corner of Lot 2 in that partition; THENCE N 45 E with N. W. line of said tract partitioned 880 vs. to mid channel of Carter's Creek; THENCE down said creek as it meanders to the BEGINNING, being the same tract of land conveyed to H. P. Dansby by E. B. W. Burton et als by Deed dated November 5, 1903, recorded in Volume 28, page 83, Brazos County Deed Records. Second Tract: All that certain tract or parcel of land lying and being situated in the Richard Carter League in Brazos County, Texas, and further described as follows, to -wit: BEGINNING at the West corner of Lot No. 1 out of a tract of 8802 acres partitioned among the heirs of Mary Ann Reed in District Court of Brazos County, Texas, a stake set in S. E. League line; THENCE N 45 E witl_ tiie N. W. line of Lot No. 1 2432 varas to 77 1 North corner or name; `THENCE N 45 W 550 vrs to stake in N. W. line of said 8804 acre tract from which a P. 0. 10 in in dig brs S 37 E 5 vrs and another 3 ins in dia brs S 20 W 5 vrs; THENCE S 45 W 2432 varas with said line to the :Jest corner of said tract in S. W. league line; THENCE S 45 E 550 varas to the PLACE OF BEGINNING, contain- ing Two Hundred and Thirty Seven (237) acres of land, more or less, and being Lot No. 2 set apart to Firs. P. A. E. Collins in the partition of said 8804 acre tract, being the same tract of land conveyed to H. P. Dansby by James Cooper by Deed dated May 5, 1911, Recorded in Volume 33, page 610, Deed Records, Brazos County, Texas. Third Tract: All that certain tract or parcel of land lying and being situated in the R. Carter league in Brazos County, Texas, and being the interest of Mary LIitchell (nee Reed) and Stephen Reed set apart to them in suit No. 1729 on the Civil Docket of the District Court of Brazos County, Texas, styled G. Kelly vs. P. A. E. Reed et als, the same being? Lot No. 1 set apart in said suit to said Mary and Stephen Reed, and further described as follows, to -wit: BEGINNING at the South corner of said tract, the same being the west corner of a tract owned by James Cooper at a stake in S. E. league line; THENCE run N 4.5 E 2432 varas, with S. E. line of said tract and corner from which a P. 0. 6 ins in dia brs. South 5 varas, and another bears S 67 W 7 varas; THENCE N 45 W 650 varas and corner, from which a P. 0. 14 ins in dia brs S 87? W 6 vanes, another 12 ins in dia brs N 24 W 4 varas; THENCE S 45 W 2432 varas and corner in league line; THENCE S 45 E 650 varas to the PLACE OF BEGINNING, contain - ing Two Hundred and Eighty (230) acres of land, more or less, and being the same lannd conveyed to H. P. Dansby by Frank Vavra by Deed dated September 23, 1920, Recorded in Volume 53, page 513, Deed records, Brazos County, Texas, and containing 707 acres, more or less. It is agreed that this lease shall romain in force for a term of 5 years from this date, and as long thereafter as oil or gas, or either of there is produced from said land by the lessee. In consideration of the premises the said lessee covenants and agreed: 1st: To deliver to the credit of Lessor, free of cost in the pipe line to which he may connect his wells, the equal one - eighth part of all oil produced and saved from the leased premises. 2nd: To pay the lessor Fifty Dollars each year in advance for the gas from each well where gas only is found, while the same is being used off the premises, and lessor to have gas free of cost from any such well for all stoves and all inside lights in the principal dwelling house on said land during the time by making his own connections with the well at his own risk and expense. 1 3rd: To pay lessor for gas produced from any oil well used off the premises at the rate of One Hundred (4100.00) Dollars per year, for the time during which such gas shall be used, said payments to be made each three months in advance. If no well be commence on said land on or before the 17th day of September 1925, this lease shall terminate as to both parties, unless the lessee on or before that date shall pay or tender to the lessor, or to the lessor's credit in the First State Bank & Trust Company of Bryan, Texas, or its successors, which shall continue as the depository, regardless of changes in the ownership of said land, the sum of One Dollar (01.00) per acre which shall operate as rental and cover the privilege of deferring the commencement of a well for 12 months from said date. In like manner and upon like payment or tenders the commencement of a well may be further deferred for like periods of the same number of months successively. And it is under- stood and agreed that the consideration first recited herein, the down payment, covers not only the provilege granted to the date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and all other rights conferred. Sohould the first well drilled on the above described land a dry hole, then and in that event, if a second well is not commenced on said land within twelve months thereafter, this lease shall terminate as to both parties, unless the lessee on or before the expiration of said twelve months shall resume the payments of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed that upon the re- sumption of the payment of rentals, as above provided, that the last proceeding pararaph hereof, governing the payment of ren- tals, and the effect thereof, shall continue in force just as though there had been no interruption in the rental payments. If said lessor owns a less interest in the above described land than the entire undivided fee simple estate therein, then the royalties and rentals herein provided for shall be paid the said lessor only in proportion which has interest bears to the whole and undivided foo. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for all operations thereon, except water wells of lessor. When requested by lessor lessee shall bury his pipe line below plow depth. bury No well shall be drilled nearer than 200 feet to tho house or barn now on said premises without the written consent of the lessor. Lessee shall pay for damages caused by all operations to growing crops on said land. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. If the estate of either party hereto is assigned, and provilege of assigning in whole or in part is expressly allowed the covenants hereof shall extend to their heirs, executors, administrators, successors, or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be binding on tho lessee until after the lessee has been fur- nished with a written transf r or assignment, or a copy thereof; 72 and it is hereby agreed that in the eventt that t his lea s be assigned as to a part or as to parts of shall lands and the assignee o_r assignees or such part o parts part fail or make default in the payment of the proportionate or of the rents due from him or them, such default shall not operate to defeat or affect this lease so far as it covers a part or parts of said lands, upon which the saisalessee or . any assignee thereof shall make due payment Lessor hereby warrants and agrees to defend the title to the lands herein described and agrees that the lessee shall have the right at any time to redeem for lessor, by payment any mortgages, taxes, or other liens on the above described lands, in the event of default of payment by lessor, and be subro sated to the rights of the holder thereof. In testimony whereof, we sign this the 17th day of September, 1924. H. P. Dansby Tr3E STATE OF TEXAS COUNTY OF BRAZOS BEFORE '0, W. S. Barron, a Notary Public in and for the County of Brazos and State of Texas, ma on this clay personally appeared H. P. r.a� Dansby, known to rile to be the ersokl1o� whose ed e is t es subscribed and the foregoing instrument, u he executed the smile for the purposes and consideration therein expressed. Given under my hand and seal of office this the 17th day of September, A. D. 1924. W. S. Barron, Notary Public in (SEAL) and. for Brazos County, Texas. • , Roy Nunn 0 RELEASE, Dated March 4th, 1939, to 0 Filed March 7th, 1939, page 240 Recorded in Volume 15, pag 240, H. P. Dansby 4 Release Records, Brazos County, Texas. THE STATE OF TEXAS 4 COUNTY OF B '.ZOS KI0W_ALL_ _ MEN BY THESE PRE :31117S: That I, Roy Nunn, for and in consideration of One and No /100 0,1.00) Dollars, cash in hand paid, the receipt of which is hereby acknowledged, does hereby release, relinquish and surrender to H. P. Dansby, his heirs or assigns, all right, title and interest in and to a certain oil and as minin, lease made and entered into by and between H. P. Dansby, of Brazos County, Texas, as lessor, and Roy Munn, as lessee dated the 17th day of September 1924, covering the following described land in the County of Brazos and State of Texas, to -wit: And being throe tracts of land in Brazos County, Texas, and described as follows: - First Tract: 100 acres of land out of tho Richard Carter League, Brazos County, Texas, and described In a decd from E. B. W. Bur- ton et als, to Ii. P. Dansby, dated iaovombor 5, 1903, and recor- ded in Volume 28, page 83 of the Bravos County Deed Records, to which reference is hereby made in aid of doscription. Second Tract: 237 acres of land out of tho Richard Carter League, Brazos Coun';y, Texas, and described in a decd from James Cooper to H. P. Dansby, dated Kay 5 , 1911, and recorded in Vol- ume 33, page 610, of the .Deed _'oco2r s of Brazos County, to which referenco is hereby made in aid of Co cription T bird Tract: 280 acres of land out of the Richard Carter League, Brazos County, Texas, and described in a deed from Frank Vavra and wife to H. P. Dansby, dated September 2S, 1920, and recorded in vol' -me 53, page 518, of the Decd Rcco dU of Brazos County, Texas, to which reference is hereby mace in aid of description, said lease being recorded in the office of tho County Clcik in and for said County, in Book 65, at page 180, of the Deed Records of Brazos County, Texas In Witness Thereof, tho undersigned owner and releasor has signed this instrument this 4th day of March, 1939. Roy Nunn THE STATE OF TEXAS 4 COUNTY OF BRAZOS 0 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Roy Nunn, known to me to be the person whose nano is subscribed to the foregoing instru- ment, and acknowledged to me that he exeocutcd the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 7 day of March, A. D. 1939. Mrs. Boss Barron, Notary Public in and for (SEAL) Brazos County, Texas 74: • The following information concerning H. P. Dansby, Deceased, was taken from the Death Record at the City Hall, Bryan, Brazos County, Texas, Volume 1, page 86: Full name of Deceased Horace P. Dansby, Sr. Residence of the Deceased . . . . Bryan, Texas. Sex Male Color or Race White Single, married, widowed, divorced . Married Husband of . Mrs. Minnie Dansby Date of Bitth October 18, 1877 Age 58 years Trade Farmer & Stockman Informant . Norman J. Dansby Burial place Steep Hollow Undertaker Charles F. Hillier Medical Certificate of Death Date of Death April 3, 1936 Cause of Death Coronary occlusion (Signed) Dr. L. 0. Wilkerson, M. D. • 3. Sidney Smith, et als 4 AFFIDAVIT, Dated March 4th, 1939, to 0 Filed May 12th, 1939, Recorded in Volume 100, page 83, The Public 0 Deed Records, Brazos County, Texas. THE STATE OF TEXAS 0 COUNTY OF BFAZ0S 0 J. Sidney Smith, J. M. Ferguson and R. B. Grant, Sr., being duly sworn, upon their oath did depose and say each for himself, as follows: "I was well acquainted with H. P. Dansby during his life time. He died intestate April 3, 1936. There was no administra- tion upon his estate and no necessity for administration, as his heirs were all more than twenty one years of age on the date of his death and his estate was not in debt. "At the time of his death he left as his sole surviving heirs his widow, Mrs. Minnie Dansby, and their three sons, Norman J. Dansby, Mit Dansby and Horace P. Dansby, Jr. There were no decendants of children, whose death preceded H. P. Dansby's death. Thy only one other child, but it died in infancy and without issue." Dated this the 4th day of March, 1939. J. Sidney Smith J. M. Ferguson R. B. 'Grant, Sr. SWORN AND SUBSCRIBED TO BEFORE ME, this the 4th day of March, A. D. 1939. 7. S. Barron, Notary Public, (SEAL) Brazos County, Texas. TII STATE OF TEXAS 4 COUNTY OF BflAZOS ¢ BEFORE ME, the undersigned authority, on this day personally appeared J. Sidney Smith, J. M. Ferguson and R. B. G rant, Sr., all known to me to be the persons whose names are subscribed to the above and foregoing instrument and acknowledged to me that they exe- cuted the same for the purposes and consideration therein ex- pressed. Given under my hand and seal of office this the 4th day of March, 1939. W. S. Barron, Notary Public, (SEAL) Brazos County, Texas.' Mrs. Minnie Dansby, et al, 4 DEED, Dated August 10, 1937, to 0 Filed August 17 1937, Recorded in Volume 94, page 231, J. C. Culpepper t Deed Records, Brazos County, T e x a s. THE STATE OF TEXAS COUNTY OF B13AZOS 0 KNOW ALL MEN BY THESE PRESENTS: That we, Mrs. Minnie Dansby for myself and as survivor of the Community Estate of myself and H. P. Dansby, Sr., my deceased husband; and Norman J. Dansby, Mit Dansby and Horace P. Dansby, Jr, as sole children and heirs at law of H. P. Dansby, Sr., deceased, who died in Bryan, Brazos County, Texas, on April 3, 1936, intestate; and there being no debts and all of said children being of age, of the County of Brazos, State of Texas, for and in consideration of the sum of Forty Thousand & No /100 (40 Dollars to us paid, and secured to be paid by J. C. Culpepper as follows: 10,000000 cash in hand paid, the receipt of which is hereby acknowledged; And the further sum of yp30,000,.00 as is evidenced by six (6) promissory vendor's lien notes; each for the sum of '; 5, 000.00 payable to the order of Mit Dansby at Bryan, Texas, on or before August 10, 1938, 1939, 1940, 1941, 1942 and 1943; with interest from August 10, 1937, at the rate of six (6 %) per cent per annu ; interest payable annually on August 10 as h it accrues. Both and interest payable at Bryan, Texas. Past due interest to bear interest at the rate of six per cent per annum until paid. Each of said notes further pro- vides that failure to pay same or any instalment of interest thereon when due shall, at the election of the holder of them or any of them, mature the full amount owing on all of said notes. Said notes provide that in the event of default and same are placed in the hands of an attorney for collection or if collected by legal proceedings then an additional ten per cent on principal and interest shall be added as collection fees. And as additional security, there is this day given a deed of trust on said land hereinafter described, to 3. N. Dulaney Trustee for the benefit of Mit Dansby; have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey, unto the said J. C. Culpepper of the County of Milani, State of Texas, all that certain tract or par- cel of land lying and being situated in the Richard Carter Survey, Abstract No•. 8, Brazos County, Texas, and being a tract of 200 acresof land, described by metes and bounds as follows: Being out of two tracts of land heretofore conveyed to H. P. Dansby as shown by deeds recorded in Volume 33, page 610, and Volume 53, page 518, Decd Records of BrazosCounty, and BEGINNING on the west line of State Highway No. 6, at the S. W. corner of the Dansby land, a lane not far from opposite the new gateway of the A && M College of Texas; THENCE S. 46' 10 E 3311 ft. with said line of the .ern, Highway and corner; TIENCE N 45 E 2632 ft. and corner; THENCE N 46' 10 W 3314 ft parallel with the first line and corner; THENCE S. 45 W. 2632 ft. to the place of beginning, con- taining 200 acres of land and we also convey any interest that we have in any highway front not heretofore conveyed by us in the Highway adjoining said tract of land. The grantors in making the notes payable to Mit Dansby hereby authorize the said Mit Dansby or any other holders of said notes, to execute and deliver to the Grantee, his heirs and assigns partial releases as sales of said tract of land herein conveyed are made provided however that the considera- tions of such sales are delivered to the said Mit Dansby or other holders hereof. TO HAVE AND TO HOLD the above described premises, toge- ther with all and singular the rights and appurtenances there- to in anywise belonging; unto the said J. C. Culpepper, 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 J. C. Culpepper his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. But it is expressly ag,reed and stipulated that the vendor's lien is retained against the above described property, premises and improvements, until the above described notes, and all interest thereon are fully paid according to their face and tenor, effect and reading when this deed shall become absolute. Witness our hands at Bryan, T exas, this 10th day of August, 1937. $40.00 Revenue Stamp Mrs. Minnie Dansby, For myself and as and $29.80 State survivor of the Community Estate of stamps affixed and duly myself and H. P. Dansby, Sr., deceased cancelled Norman J. Dansby Mit Dansby Horace P. Dansby, Jr. THE STATE OF T XAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared T.Irs. Minnie Dansby, a widow, Norman J. Dansby, Mit Dansby and Horace P. Dansby Jr., known to me to be the persons whose names are subscribed to the foregoing instrument, and severally acknowledged to me that they executed the same for the purposes and considerations therein expressed, and Mrs. Minnie Dansby in the capacity therein stated. Given under my hand and seal of office this the 10th day of August, 1937. 0. W. Kelley, Notary Public in and (SEAL) for Brazos County, Texas Victoria Dominik et a1s ¢ AFFIDAVIT, Dated March 4th, 1939, to ¢ Filed May 12th, 1939, The Public Recorded in Volume 100, page 82., $ Deed Records, J3razos County, Texas. THE STATE OF TEXAS COUNTY OF BRAZOS $ Victoria Dominik, W. S. Barron and J. G. Minkert, being duly sworn upon their oaths, each did depose and say, as follows: "I am well acquainted with the location of the 'Humble Pipe Line Companyts pipe line and its course through the Richard Carter League, Brazos County, Texas. I am also acquainted with the 200 acre tract of land conveyed by Mrs. Minnie Dansby, et al, to J. C. Culpepper, on the 10th day of August, 1937, by deed recorded in Volume 94, page 231, of the Deed Records of Brazos County, Texas, and of my own knowledge and from observa- tions made on the ground, I know that this pipe line does not go through or touch any part of said 200 acre tract, but goes through the land of H. P. Dansby Estate, at least three fourths of a mile northeast of the said 200 acre tract of land." Dated this the 4th day of March, 1939. Victoria Dominik W. S. Barron J. G. Minkert SWORN AND SUBSCRIBED TO BEFORE, ME, this the 4th day of March, A. D. 1939. Mrs. Bess Barron, Notary Public (SEAL) Brazos County, Texas. THE STATE OF TEXAS COUNTY OF BRAZOS ¢ BEFORE ME, the undersigned authority, on this day personally appeared Victoria Dominik, a feme sole, W. S. Barron and J. G. Minkert, all known to me to be the persons whose names are subscribed to the above and foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the 4th day of Larch, 1939. Mrs. Bess Barron, Notary Public (SEAL) Brazos County, Texas. • J. C. Culpepper ¢ D E E D, } Dated July 5th, 1938, to 4 Filed July 29th, 1938, Recorded in Volume 96, page 555, Bryan Amusement Company 0 Deed Records, Brazos County, Texas THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 KNOW ALL MEN BY TIESE PRESENTS: That I, J. C. Culpepper of the County of Milam, State of 'Texas, for and in consideration of the sum of THREE THOUSAND & NO /100 Dollars to me paid, and secured to be paid Bryan Amusement Company as follows: $p1,000.00 cash in hand paid, the receipt of which is hereby acknowledged, and the further sum of `;2,000.00 as is evidenced by one certain promissory note of even date herewith, payable to the order of College Hills Estates, Inc., on or before six months after date with interest at the rate of six per cent per annum; providing that past due interest bear interest at the rate of six per cent per annum; providing in the event of default and same is placed in the hands of an attorney for collection or if suit is brought or if collected through the Probate Court, then it is agreed that ten per cent additional on principal and interest then due and owing shall be added as collection fee; have GRANTED, SOLD, and CONVEYED, and by these presents do Grant, Sell and Convey, unto the said Bryan Amusement Company of the County of Brazos, State of Texas, all that certain tract or parcel of land lying and being situated in the Richard Carter League in Brazos County, Texas, and being out of the Subdivision of part of a 200 acre tract known as the College Hills Estates, and described more particularly as follows: Being out of Block One (1) of said Subdivision, and BEGINNING at a point 100 feet S E from the South line of Lincoln Avenue and the North line of said Subdivision, and on Walton Drive and ten feet from the Vest line of said Subdivision; THENCE in a southeasterly direction and with the arc of the Walton Drive 150 feet and corner; :THENCE N 162 E 255 feet and corner on the E line of said Block, at an alley; THENCE N 45 W with said line, 118 feet and corner; THENCE at right angles S 45 W 921 feet with the N line of said Subdivision and the S line of Lincoln Avenue, and corner; THENCE S 162 W 208 feet to the Place of Beginning. The land is sold for the purpose of the Grantee erecting a theatre for a motion picture show building, together with such other purposes that are ordinarily connected with and under the same roof with such business; and it is understood that this condition is part of the consideration of this conveyance and runs with this land. It is further understood that the Grantor and his successors in title to said Subdivision, will not convey any lot or lots in said Subdivision or other property owned by said Grantor and his successors, for a theatre or motion picture show building. The Grantor retains an easement to run the sewer line across the lot where said line is now established. 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 Bryan Amusement Company, 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 Bryan Amusement Company, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improvements, until the above described note, and all interest thereon are fully paid according to its face and tenor, effect and reading when this deed shall become absolute. Witness my hand at Bryan, Texas, this 5th day of July 1938. $3.00 Revenue Stamp J. C. Culpepper affixed and $1..80 Note Stamp affixed and duly cancelled THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ICE,, the undersigned, a Notary Public in and for said County and State, on this day personally appeared J. C. Culpepper, known to me to be the person whose name is subscribed to the fore- going 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 11th day of July, A. D. 1938. (SEAL) Aline Brogdon, Notary Public in and for Brazos County, Texas 1 J. Sidney Smith, et 21 Q AFFIDAVIT Dated March 4th, 1939, to 4 Filed May 12th 1939, Recorded in Volume 100, page 83, The Public $ Deed Records. Brazos County, Texas. T HE STATE OF TEXAS 0 COUNTY OF BRAZOS 4 J. Sidney Smith and J. M. Ferguson, being duly sworn upon their oath did depose and say each for himself, as follows: - "I have lived near and been acquainted with the following described tract of land for more than thirty years: - All that certain tract or parcel of land lying and being situated in the Richard Carter Survey, Abstract No. 8, Brazos County, Texas, and being a tract of 200 acres of land, described by metes and bounds as follows: Being out of two tracts of land heretofore conveyed to H. P. Dansby as shown by deeds recorded in Volume 33, page 610, and Volume 53, page 518, Deed Records of Brazos County, and BEGINNING on the west line of State Highway into. 6, at the S. W. corner of the Dansby land, a lane not far from opposite the new gateway of the A. & M. College of Texas; THENCE S 46' 10 E 3311 ft with said line of the Highway and corner; THENCE N 45 E 2632 feet and corner; THENCE N 46' 10 W 3314 feet parallel with the first line and corner; THENCE S 45 W 2632 feet to the place of beginning, containing 200 acres of lend, and we also convey any interest that we have in any highway front not heretofore conveyed by us in the Highway adjoining said tract of land. Said land is more fully described in a deed from Mrs. Minnie Dansby, et al, to J. C. Culpepper, dated August 10, 1937, and re- corded in Volume 94, page 231, of the Deed Records of Brazos County, Texas, to which deed and its record reference is hereby made in aid of description. The said 200 acre tract of land was a part of two tracts of land one of which contains 237 acres and acquired by H. P. Dansby from James Cooper, on May 5, 1911, and deed is recorded in Volume 33, page 610, of the Deed Records of Brazos County, Texas, and the other contains 280 acres and was acquired by H. P. Dansby by deed dated September 27, 1920, by deed recorded in Volume 53, page 516, Deed Records of Brazos County, Texas, from Frank Vavra. I am familiar with both tracts of land prior to 1910, and at that time the 237 acre tract of land was owned by James Cooper and rented by him to various tenants. There was a main dwelling, a barn, well of water, tanks and one or more tenant houses located on this tract of land, prior to the time James Cooper sold it to H. P. Dansby. A part of said land was in cultivation and a part in pasture. The land was cross fenced into convenient pastures and had been used for a farm and small ranch for more than twenty years at that time. H. P. Dansby acquired title in • 1911 and continued to use it as a farm and pasture. He repaired the farm houses and rehabilitated the place in general. H. P. Dansby rented the land to various parties who cultivated the farm portion mostly on a third and fourth basis. The pasture land was used by H. P. Dansby with his other land for his live stock. A tenant by the name of Ed Boriskie lived on this place for many years and when he moved away about the year 1929, a man by the name of Richards became the tenant, who used the place in the same way that Boriskie had used it. Richards occupied the land as Dansby's tenant until about the year 1934 or 1935 and moved away. Dansby then tore down the house and all buildings and turned it all into pasture, The 280 acre tract of land above described in 1910 and several years prior thereto was the homestead of Frank Vavra, who acquired the land in the early nineties. Frank Vavra built a house on it, kept up fences, cultivated portions of the 280 acres, put down a well, dug tanks and had all homestead improve- ments. Frank Vavra reared a large family on this place and used most of the land for a fram and a part of it for a pasture. In 1920 he sold the land to H. P. Dansby, who in turn rented the land to Rudolph Vavra, a son of Frank Vavra and his family lived on the place as tenants. Rudolph Vavra rented the land on a third and fourth basis. He lived on the place until the year 1936, when the 200 acre tract of land was sold to J. C. Culpepper and the portion of the 280 acres included in the 200 acres took in the house occupied by Rudolph Vavra. During all the time that I have known this place, for more than twenty years, it has been used and occupied by H. P. Dansby and his predecessors in title, who have held peacable and adverse possession of same, cultivated, used and enjoyed the same. He land has been fenced with a good fence, which has been kept up and in ordinary labor. Affiants are both acquainted with the fact that H. P. Dansby always paid his taxes on all of his property before they became delinquent. Affiant J. M. Ferguson was Tax Collector for six years, County Judge for four years and at the present time is first Deputy Tax Assessor - Collector in said Tax Office. Affiant J. Sidney Smith is also a Deputy in said Tax Collector's office and for six years was Tax Assessor of Brazos County, Texas, and has been in constant touch with the Tax records. Said land fronted on one of the main county roads in Brazos County, Texas, just across the A. & M. College property and was in a thickly settled commuhity. I have never known of any one claiming title to this land other than the record owners from 1890 to this date. Affiant J. M. Ferguson is 60 years of age and J. Sidney Smith is 60 years of age and both were born and reared in Brazos County, Texas." Dated this the 4th day of Parch, 1939. J. M. Ferguson J. Sidney Smith SWORN AND SUBSCRIBED TO BEFORE ME, this the 4th day of March, 1939. 8'(SEAL) W. S. Barron, Notary Public Brazos County, Texas. • THE STATE OF TEXAS COUNTY OF BRAZOS ¢ BEFORE ME, the undersigned authority, on this day personally appeared J. M Ferguson and J. Sidney Smith, known to Me to be the persons whose names are subscribed to the above and foregoing instrument and acknowledged to me that they executed the same for the pur- poses and consideration therein expressed. Given under my hand and seal of office this the 4th day of March, 1939. W. S. Barron, Notary Public (SEAL) Brazos County, Texas • Rudolph Vavra AF'r IDAVID, to Dated May 3rd, 1939 Filed May 3rd, 1939, The Public Recorded in Volume 100, page 34, Deed Records, Brazos County, Texas. THE STA? OF TEXAS 0 COUNTY OF BRAZOS ¢ Rudolph Vavra, being duly swor follows; depose and say upon his oath, asdid "My Warne is Rudolph Vavra child of Frank Vavra, deceased I am 58 years of age. I am a in the Richard Carter Lea e He owned a tract of 280 acres this place from the time � '^Brazos County, Texas. I lived on nineties until I moved a,;ray f purchased it in the early the place each year as a field h93 and I helped work crops on as a renter from my father and then as d a c renter f fromf H P t Dansby. I am particularly , hen Particularly familiar with the crops grown on this place and with the crops grown on the adjoining 237 acre The basic crops grown each and every acres of land the tenants on the Cooper or Dansby place wereycornrandaco to by There was various feed crops on limited acreage Thar, oats and truck cotton. gh d was decidedly patches. This is a such as s so prior to the year corn and cotton country `-r 196• A crop was grown each year on this on the 237 acres and the 280cacresythrough he to ea r3 or 1934 t ;�ear1936. Rudolph Vavra Sworn and subscribed to before me, this the 3rd da y of May, A. D. 1939. (SEAL) W. S. Barron Notary Public Brazos County, Texas. THE STATE OF TEXAS 0 COUNTY OF BRAZOS BEFORE LE, the undersigned Rudolph Vavra, on this day Sapp authority, P avra, knov to pre to be the person erson whose se named subscribed to the above and foregoing Person ;��r�1ose name is therein ex to me that he executed the same for the and co ns i d n_ lodged expressed. P s and considera.. tion Given under my hand and seal of office this the 3rd da y of May, 1939. W. S. Barron, Notary Public, (SEAL) Brazos County, Texas 85 S s • Victoria Dominik 0 AFFIDAVIT, and PLAT Dated April 7th, 1939, to $ Filed May 3rd, 1939, Recorded in Volume 100, page 30, The Public Deed Records,, Brazos County, Texas. THE STATE OF TEXAS 4 COUNTY OF BRAZOS 0 Victoria Dominik, being duly sworn, did depose and say as follows: "I was reared on the Dominik plantation adjoining the H. P. Dansby, Sr., land purchased by him from the Vavra's. I am twenty seven years of age and have known the place for more than twenty years. My family and the Vavra family were close friends. Rudolph Vavra, son of Frank Vavra, married an aunt of mine, Annie Dominik. Frank Vavra lived in the main house of the 280 acre tract of land later conveyed to H. P. Dansby, Sr. My uncle Rudolph Vavra, lived in a small house northeast of the main'house. I very often went from our hone to my uncle's home. a four wire fence attached to common post oak posts completely surrounded the 280 acre tract of land and there were cross fences dividing the pasture land from the cultivated land. Openings in the fence line were by wire gaps attached to small post oak polls, fastened at the top and bottom with wire loops. These fences were kept in repair from time to time by adjoining land owners, from the time when I first began noticing them, more than twenty three years ago. There has not been a time when these fences were not up. In the fall of the year the gaps would some times be left down between the field and pasture, but the gaps on the out side fences were always kept up. The fence between the Dominik land and the Vavra land, later Dansby land, was owned jointly by the Dominik's and the Vavra's and then Dansby's, and when they worked the fences, each owner would fur- nish an equal number of laborers and divided the bills for fence material. There was a fence dividing the 237 acre tract, which is known as the Cooper land, and the 280 acre tract, known as the Vavra place. This fence was also a four wire fence, attached to post Oak posts. This was a solid fence from the College road to the northeast end, until H. P. Dansby, Sr., purchased both tracts, and a wire gap was made in this dividing fence to allow passage from one tract to the other. The northwest fence divided the Cooper land from the Putz land and D. A. Smith land, and there was also a four wire fence, attached to post oak posts and maintained by Ed Putz and H. P. Dansby, Sr., as far, back as I can remember. Both ends of both tracts (the 237 acre tract and the 280 acre tract) were also fenced with a four wire fence attached to common post oak posts. More than twenty years ago D. A. Smith purchased what was known as the Atkins place on the northwest side of the Cooper land and southwest of the Ed Putz place. He built a fence in a way that a lane was left from the College road now Highway 6, to the home of Ed Putz about one half of the distance of the northwest line. There was a min gate on the fence line on Highway No. 6, into the Vavra property and there was a wire gap on the Cooper land along the lino next to the Highway No. 6, where a wire gap on the Cooper line on tho narrow line above referred to. Thence out side gaps were always kept closed. 8( I have road the affidavit, dated March 4, 1939 of J. M. Ferguson and J. Sidney Si 'th, and as far back as I can remember, the statements contained therein are true I have never known of any one disputing the title of H. P. Dansby, Sr., and his predecessors but his possession and the possession of his predecessors has been peaceful and adverse to the world. Dated this the 7th day of April, 1939. Victoria Dminik SWORN AND SUBSCRIBED TO BEFORE ME, this the 7th day of April, 1939. W. S. Barron, Notary Public (SEAL) Brazos County, Texas. THE STATE OF TEXAS 0 COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared Victoria Dominik, a feme sole, known to me to be the person whose name is subscribed to the above and 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 the 7th day of April, 1939. (SEAL) W. S. Barron, Notary Public Brazos County, Texas THE STATE OF TEXAS 0 COUNTY OF BRAZOS ¢ I, Victoria Dominik, hereby certify that the plat attached hereto was drawn by me to scale and I have indicated on said plat the loca- tion of the various tracts of land, location of fences and cross fences, houses and ownership of adjoining lands to conform to my affidavit made April 7, 1939. The Frank Vavra house on the 280 acre tract of land was occupied by Frank Vavra and his family for more than twenty (20) years. The tenant house northwest of the main house was occupied by Rudolph Vavra from 1917 to 1920, and after Dansby purchased the Vavra place Frank Vavra moved out and Rudloph Vavra moved_!nto the Main house (the one referred to as having been occupied by Frank Vavra for more than twenty years). Rudolph Vavra lived in the main house or Frank Vavra house from the year 1920 to 1936. Ed Boriskie lived in the tenant house on the 237 acre tract of land from 1916 to about the year 1929, and he then moved away and a man by the name of Richards occupied the Boriskie House from the year 1930 to the year 1934 or 1935, when the house was torn down and a portion of said land was sold to the College Hills Estates. Dated this the 28th day of April, 1939. Victoria Dominik SWORN AND SUBSCRIBED TO BEFORE ME, this the 28th day of April, 1939. W. S. Barron, Notary Public, (SEAL) Brazos County, Texas. C7Mi t P THE STATE OF TEXAS 1 COUNTY OF BRAZOS / BEFORE ME, the undersigned authority, on this day personally appeared Victoria Bominik, a feme sole, known to me to be the person whose name is subscribed to the above and foregoing instrument and acknowledged to me that Jae executed the same for the purpo- ses and consideration therein expressed. Given under my hand and seal of office this the 28th day of April, 1939. W. S. Barron, Notary Public (SEAL) Brazos County, Texas 88 I Plat showing the s of Dansby I 237 acres y land (formerly Cooper land) and 280 acres of land now Dansby, but formerly Frank Vavr land, in the R. Carter League, H. Po DANSBY Brazos County, Texa . Scale: 400 varas -1 inch College Hills j Estates Company 1 property, being i 200 ac es shown _� in Green n plat r N C 1 S I i ��� E w i t 4 . °- e i l b I ) H. P. DANSBY la 1 I / LAND 1 b sf l e -- �- ' , d l y (� _4 yiire fence +; A O u w t, ' DOr!IINIK LAND 1 ij 420 acres 0 4 10 w b Ili a H . p . DANSBY H.P. DANS BY In e j r t Ed Putz d! b 237 acres 280 acres 1 �� J� e Y 200 acres o d (Formerly (Formerly Fran_ b i w Cooper land Vavra land) y t r iD r io 1 1 e in Y4 f b Fonce Small ',n House c 1 -- Gap Pasture Dansby & Putz e — ....C; e_ Gate f Ed Putz Gate.- pg , kie ! udol hi merge i Dthminik N House ) avra s lI ouse , l house rank l a 107 acres A. c g4 t1 COTTO COT ' Frank W 1 imier i CORN FIELD + TON I i t 124.• �, ' FIELD i C OTTOi ,la_ e FIELD Q ip FIELIP i f A ID D. A.SMITH __-__--i e '' D le D a in I nIN SUBDIVISION L c CQLLEGE HI: L ESTJJES s1 {E e L II 200 a res �� Corn b' IN Cotton Corn Cotton `Field Y�� CHouse ieil�Field , Field ;1 Cotton,+ f t . Gate 1 E IGap ate + — _.____4 . -i 4 wire barb wire fe ce r 89 To Bryan HIGH' JAY NO. 6 J. C. Culpepper $ DEED Dated July 6, 1938, to 0 Filed August 6, 1938, Recorded in Volume 96, page Colon Hills Estates Company 1 592., Deed Records, Brazos County, Texas, THE STATE OF TEXAS 4 COUNTY OF BRAZOS 0 KNOW ALL MEN BY THESE PRESENTS: That I, J. C. Culpepper, of the County of Milam, State of Texas, for and in consideration of the sum of Ten Dollars to me paid, by College Hills Estates Company, a corporation, as follows: Cash in hand paid, the receipt of which is hereby acknow- ledged, and the further consideration of the assumption and agreement to pay the balance due on six promissory notes, dated August 10, 1937, each for the sum of y 5000.00, and payable on or before August 10, 1938, 1939, 1940, 1941, 1942 and 1943, with interest from date at the rate of six per cent per annum, same constituting a vendor's lien on the hereinafter d escribed property, and payable to the order of Mi t Dansby, at Bryan, Texas. Same being described in the deed from Mrs. Minnie Dansby, et al, to J. C. Culpepper, dated August 10, 1937, and recorded in Volume 94, page 231, Deed Records of Brazos County, Texas. Said notes also secured by a deed of trust lien and reference is here made to said Deed of Trust which is of even date with said deed and notes, and its record for description of these notes and lien herein assumed. This deed is made to carry out the contract between the said College Hills Estates Company, a corporation, and myself, at the time of the formation of the Corporation, Have GRANTED, SOLD and CONVEYED, and by these presents do Grant, Sell and Convey unto the said College Hills Estates Company, a corporation, of the County of Brazos State of Texas, all that certain tract or parcel of land lying and being situated in the Richard Carter Survey, Abstract No. 8, Brazos County, Texas, and being a tract of 200 acres of land des- cribed by metes and bounds as follows: Being out of the two tracts of land conveyed to H. P. Dansby as shown by deed recorded in Volume 33, page 610, and 53 page 518, Deed Records of said County, and BEGINNING on the west lino of State Highway No. 6 at the S. W. corner of the Dansby land, a lane far from opposite the new gate of the A & M College of Texas; THENCE S 46' 10 E 3311 feet with said line of the Highway and corner; THENCE N 45 E 2632 feet and corner; THENCE N 46' 10 VI 3314 feet parallel with the first line and corner; THENCE S 45 W 2.632 feet to the place of beginning, and 4 r t ! • containing 200 acres of land, also conveying any interest that I have in Highway front as conveyed to me in the said deed from Mrs. Minnie Dansby, et al, same dated August 10, 1937, and recorded in Volume 94, page 231, Deed Records of BrazosCounty, Texas, to which reference is here made; SAVE AND EXCEPTING out of this conveyance such lots that have been conveyed by me to various parties, and same being as follows: The tract of land conveyed to the Bryan Amusement Com- pany, which is dated July 5, 1938, and recorded in Book 96, page 555 Deed Records of said County. The above described land is no part of my homestead; my homestead being located in Milam County, Texas. TO HAVE AND TO HOLD the above described premises, toge- ther with all and singular the rights and appurtenances thereto in anywise belonging unto the said College Hills Estates Com- pany, a corporation, 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 pre- mises unto the said College Hills Estates Company, a corpora- tion, its successors and assigns, against every person whom- soever lawfully claiming or to claim the same or any part thereof. Witness my hand at Bryan, Texas, this 6th day of July, 1938. J. C. Culpepr r THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared J. C. Cul- pepper, 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 office this the 5th day of August, A. D. 1938. (SEL.L) .aline Brogdon, Notary Public in and for Brazos County, Texas J. C. Culpepper DEED OF TRUST, Dated August 10th, 1937, to 0 Filed August 17th, 1937, Recorded in Volume 6, page 356, J. N. Dulandy, Trusted Deed of Trust Records, for Mit Dansby 0 Brazos County, Texas. TIE STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY TI -SE PRESENTS: That the undersigned I, J. C. Culpepper of the County of Milam, 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 J. N. Dulaney Trustee, and to his successor or sub- stitute 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, to -wit: a tract or parcel of land situated in the Richard Carter Survey Abstract No 8, Brazos County, Texas, and being a tract of 200 acres of land described as follows: Out of two tract conveyed to H. P. Dansby as shown by Deeds recorded in Volume 33, page 610, and Volume 53, page 518, Deed Records of Brazos County, Texas, and BEGINNING on the West line of State Highway No 6 at the S W corner of the Dansby land, a lane not far from opposite the gateway to the A & M College of Texas; THENCE S 46 10 E 3311 ft with said line of the Highway and corner; THENCE N 45 E 2632 ft./ and corner; THENCE N 46 10 W 3314 ft. parallel with the first line and corner; THENCE S 45 W a632 ft. to the PLACE OF BEGINNING, contain- ing 200 acres of land, and any interest in the Highway front not heretofore conveyed to the Highway adjacent to said land; and the same property this day conveyed to J. C. Culpepper by Mrs. Minnie Dansby et al by Deed. TO HAVE AND TO HOLD the said described property, with all the rights, members, hereditanents and appurtenances now, or hereafter, at any time before the foreclosure hereof, in any wise appertaining or belonging thereto unto the said Trustee, and to his successor or substitute hereunder, and to his and their assigns forever. And the undersigned hereby binds himself, his heirs, executors and administrators, to warrant and forever defend all and singular the said premises, unto the said Trustee, his successor or substitute in this trust, and to his or their assigns forever, against the lawful claim or claims of all per- sons whomsoever. THIS CONVEYANCE is made in trust, however, to secure and enforce the payment of six (6) promissory notes of even date herewith (hereinafter referred to as note), executed by the undersigned payable to Mit Dansby or order at Bryan, Texas, as follows: Dated August 10, 1937, each for the sum of p5,000.00 payable to the order of Mit Dansby at Bryan, Texas, on or before August 10, 1938, 1939, 1940, 1941, 1942 and 1943, with interest from date at the rate of six per cent per annum; interest 92 payable annually on August 10 as it accrues. Both principal and interest payable at Bryan, Texas. Past due interest to bear interest at the rate of six per cent per annum until paid. Each of said notes further provides that failure to pay same or any instalment of interest thereon when due shall, at the election of the holder of them or any of them, mature the full amount owing on all of said notes. Also to secure a note in the sum of Four Thousand ($4,000.00) dated August 10th, 1937, and payable February 10th, 1938, with interest from date at the rate of 6% per annum, and payable to the order of Mit Dansby and is part of the consideration of the conveyance of the land herein described, and being Four Thousand of the Ten Thousand Dollars of the Cash consideration, with interest thereon from date until paid at the rate of 6% per contuan per annum, said principal and interest payable annually on August 10th as it accrues at the office of Mit Dansby at Bryan, Texas. It is agreed that if default be made in the payment of any prin- cipal 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 collec- tion, 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 case of the broach of any of the agreements or covenants herein mentioned, then at the request of the legal holder of said note, the said Trustee, or his successor or successors appointed hereunder, is hereby author- ized and empowered to sell the land hereby conveyed, at public auction, to the highest bidder for cash, at the Court House door of Brazos County, Texas, 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 throe consecutive weeks prior to the day of sale, and it is hereby agreed that the said Trustee, or his succes- sor, 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 decd or deeds in law to the property so sold, in fee simple, with the usual warranties, and shall re- ceive the proceeds of said sale, and out of the same shall pay: First, all charges, costs and expense of executing this trust, including a fee of 5% to the Trustee on the total of the indebtedness secured by this Deed of Trust; Second the note above described and all sums of money duo or to become due hereunder, with interest as agreed; and Third shall render the ovorplus, if any, unto the undersigned heroin, or legal represen- tatives or assigns. 93 THE UNDERSIGNED further covenant with said Trustee that I at all times, during the continuance of this trust, keep the buildings and improvement now on, or hereafter to be erected on, said premises, insured against loss by fire and tornado to the amount {of or to the extent insurance can be obtained there- on, in compa 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 and deliver such policies as herein provided, or to pay such taxes, then the said insurance may be effected and said taxes may be paid by the legal holder of said note, and sums so expended shall be a demand obligation and become part of the debt hereby secured, and shall draw interest at the rate of 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 case of the death, resig- nation, removal or absence of said Trustee from the County of Brazos, Texas, 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 accelera- ted maturity of any item secured by this instrument may be declared due under any term of this or any other paper eviden- cing 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 dreditor 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 and control. It is specially agreed that in case of any sale hereunder, all prerequisites to said sale shall be presumed to have been performed, and that in any conveyance given hereunder, all statements of facts, or other recitals therein made, as to the non- payment of money secured, or as to the breach or non- performance of any of the covenants herein set forth, or as to 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 advertisement of sale, or tine 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 facio evidence that the facts so stated or recited are true. Witness my hand this 10th day of August, A. D. 1937. 3.80 State Stamps affixed J. C. Culpepper and duly cancelled • THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, O. W. Kelley a Notary Public in and for Brazos County, Texas, on this day personally appeared J. C. Culpepper 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 office this 10th day of August, A. D. 1937. (SEAL) 0. W. Kelley, Notary Public in and for Brazos County, Texas. Mrs. Minnie Dansby, et al. I RELEASE, to Dated May 12, 1939, I Filed May 12th, 1939, J. C. Culpepper Recorded in Volume 15, page 326, Release Records, Brazos County, T'exa s. THE STATE OF TEKAS 4 COUNTY OF BRAZOS D KNOW ALL MEN By THESE PRESENTS: Whereas, 2 Unnie Dansby, a widow, Norman J. Dansby, Mit Dansby, and Horace P. Dansby, Jr., did, on August 10, 1937, execute and deliver a general warranty deed whereby they conveyed to J. C. Culpeper 200 acres out of the Richard Carter Survey, Brazos County, '<:101 wherein it was recited that the considera- tion therefor was the sum of $40 of which 010,000.00 was recited cash in hand paid and the remainder of 030,000.00 of such consideration was evidenced by 6 promissory notes execu- ted by 3. C. Culpepper, each for the sum of $5,000.00, payable to the order of Mit Dansby on or before August 10, 1938, 1939, 1940, 1941, 1942, and 1943, respectively, for a more particular description of which land, terms and notes reference is hereby made to the record of said deed in Volume 94, page 231, of the Deed Records of Brazos County, Texas; and Whereas, J. C. Culpepper, did on August 10, 1937, execute and deliver to J. N. Dulaney, Trustee, a deed of trust covering the property hereinabove described, which deed of trust was given for the purpose of securing the payment of the 6 notes each for $5,000.00 hereinabove described, and also to secure a note in the sum of 44,000.00 dated August 10, 1937, and payable February 10, 1938, with interest from date at the rate of 6% per annum, payable to the order of Mit Dansby and stated to be X 14 6 4,000.00 of the cash consideration of 010,000.00 recited in the deed hereinabove described, for a more particular description of which property and notes reference is hereby made to the record of said deed of trust in Volume 6, page 356, of the Deed of Trust Records of Brazos County, Texas; and Whereas, a portion of the 200 acre tract hereinabove des- cribed was subdivided into College Hills Estate Addition, as shown by the plat and dedication thereof by J. C. Culpepper on May 28, 1938, recorded in Volume 96, page 498, of the Deed Re- cords of Brazos County, Texas; and Whereas, J. C. Culpepper did, on July 6, 1938, execute and deliver a deed whereby he conveyed to College Hills Estate Company the 200 acre tract hereinabove described, for a more particular description of which land reference is hereby made to the record of said deed in Volume 96, page 592 of the Deed Re- cords of Brazos County, Texas; and Whereas, said $4000.00 note above described has been paid in full including principal and interest to Mit Dansby, the legal owner and holder of same by said J. C. Culpepper; NOW, THEREFORE, I, Mit Dansby, the present legal owner and holder of said note for 44000.00, described in the deed of trust from J. C. Culpepper to J. N. Dulaney, Trustee, hereinabove described, for and in consideration of the premises and the sum of Ten Dollars (010.00) cash in hand paid, and other good and valuable considerations by J. C. Culpepper, the receipt and sufficiency of which is hereby expressly acknowledged and con- fessed have this day released, remised, discharged, and quit- aimed and do by these presents Release, remise, discharge, and 1 • quitclaim said 200 acre tract hereinabove described from any and all liens which I have or may be entitled to as security for the payment of the X4000.00 note sot forth in the deed of trust from J. C. Culpepper to J. N. Dulaney, Trustee, herein above described, including any vendor's lion. Mrs. Minnie Dansby, a widow, for horsolf and as community survivor of tho Estate of H. P. Dansby, deceased, Norman J. Dansby, and Horace P. Dansby, Jr., join in the execution of this instrument and assent to all thc terms of thc release hercinabove sot out. Witness our hands this 12th day of I.iay, A. D. 1939. Mit Dansby (Mit Dansby) Norman J. Dansby_ (Norman J. Dansb Horace P. Dansby, Jr. (Horace P.: ; Dansby, Jr0 Mrs. Minnie Dansby Mrs. H. P. Dansby Sr. Mrs. :I nni Dabs y,� Individually and as Community Survivor of H. P. Dansby's Estate. TI STATE OF TEXAS COUNTY OF BRAZOS 0 BEFORE ME, the undersigned authority, on this day personally appcarcd Mit Dansby, known to me to be the person who;;c name is subscribed to thc foregoing instrument, and acknowlodg .:i to me that he executed the same for thc purposos and consideration therein cxpresscd. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 12th day of May A. D. 1939. (SEAL) Victoria Dominik, Notary Public in and for Brazos County, Texas THE STATE OF TEXAS 4 COUNTY OF BRAZOS ¢ BEFORE ME, the undersigned authority, on this day personally appoarcd Nor- man J. Dansby, known to me to be the person whoso name is sub- scribed to the foregoing instrument, and acknowledged to me that ho executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 12th day of May A. D. 1939. (SEAL) Victoria Dominik, Notary Public in and for Brazos County, Texas. THE STATE OF TEXAS Q COUNTY OF BRAZOS 0 BEFORE ME, the undersigned authority, on this day personally appeared Horace Dansby, Jr., known to me to be the person whoso name is sub- scribed to the foregoing instrument, and acknowledged to me that ho exocutod tho same for thc purposos and consideration therein expressed. 1 Given under my hand and seal of office, this the 12th day of May, A. D. 1939. (SEAL) Victoria Dominik, Notary Public in and for Brazos County, Texas. THE STATE OF TEXAS # COUNTY OF BRAZOS 0 BEFORE ME, the undersigned authority, on this day personally appeared Mrs.. Minnie Dansby, 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 and in the capacity therein stated. Given under my hand and seal of office, this the 12th day of May, A. D. 1939. Victoria Dominik, Notary Public in and for Brazos County, Texas (SEAL) Mrs. Minnie Dansby, Ot als 0 RELEASE, , Dated May 20 t i. 1939, to 4 Filed May 22nd, 1939, Recorded in Volume 15, page 337, J. C. Culpepper 0 Release Records, Brazos County, T e x a s THE STATE OF TEXAS 4 COUNTY OF BRAZOS j KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Minnie Dansby, a widow, Norman J. Dansby, Mit Dansby and Horace P. Dansby, Jr., did, on August 10, 1937, execute and deliver a general warranty deed whereby they conveyed to J. C. Culpepper 200 acres out of the Richard Carter Survey, Brazos County, Texas, wherein it was recited that the consideration therefor was the sum of 040,000.00,of which X10,000.00 was recited cash in hand paid and the remainder of Y ?30,000.00 of such consideration was evi- denced by 6 promissory notes executed by J. C. Culpepper, each for the sum of $5,000.00, payable Co the order of Mit Dansby, on or before August 10, 1938, 1939, 1940, 1941, 1942, and 1943, res- pectively, for a more particular description of lthidY lansi and notes reference is hereby made to the record of said deed in Volume 94, page 231, of the Deed Records of Brazos County, Texas; and WHEREAS, J. C. Culpepper, did on August 10, 1937, execute and deliver to 3. N. Dulaney, Trustee, a deed of trust covering the property hereinabove described, which deed of trust was given for the purpose of securing the payment of the 6 notes each for 05,000.00 hereinabove described, and also to secure a note in the sum of $4,000.00, dated August 10, 1937, and payable February 10, 1938, with interest from date at the rate of 6% per annum, payable to the order of Mit Dansby and stated to be $4,000.00 of the cash consideration of 010,000.00, recited in the deed hereinabove described, for a more particular description of which property and notes reference is hereby made to the record of said deed of trust in Volume 6, page 356, of the Deed of Trust Records, of Brazos County, Texas; and WHEREAS said note for 04000 :00 hereinabove described has been paid in full to Mit Dansby, who was the owner and holder thereof at the time of such payment and the lien securing the pay- ment thereof heretofore released by instrument dated May 12, 1939, recorded in Volume 15 page 326, of the Release Records of Brazos County, Texas; and ! "AREAS, some question has been raised as to the sufficien- cy of said release, dated May 12, 1939. NOW, THEREFORE, I, Mit Dansby, for and in consideration of the full and final payment of said note for $4,000.00 the receipt of which is hereby expressly acknowledged and confessed, and for the purpose of correcting such error as said release dated May 12, 1939, contains if any, have this day released, remised, dis- charged and quit claimed and do by these presents release, remise, discharge and quit claim the 200 acres hereinabove described from any and all liens which I have or may be entitled to as security of the payment of the $4000.00 note set forth in the deed of trust from J. C. Culpepper to J. N. Dulaney, Trustee, hereinabove des- cribed, including any vendor's lien. This release in no Way affects the vendor's and deed of trust lien on above described property securing the six notes for X5000.00 each, above described, but said liens remain in full force and effect as to security for the unpaid portions of said six notes. Mrs. Minnie Dansby, a widow, for herself and as Community Survivor of the Estate of H. P. Dansby, deceased, Norman J. Dansby and Horace P. Dansby, Jr., join in the execution of this release and hereby assent and agree to all the terms and provisions thereof. Witness our hands this the 20th day of May, A. D. 1939. Mit Dansby Mrs. Minnie Dansby (Mit Dansby) (Mrs. Minnie Dansby) Individually Horace P. Dansby, Jr. and as Community Survivor of (Horace P. Dansby, Jr.) H. P. Dansby's Estate. Norman J. Dansby (Norman J. Dansby) THE STATE OF TEXAS 0 COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on this day personally appeared Mit Dansby, known to me to be the person whose name is subscribed to the fore- going 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 20th day of May, A. D. 1939. (SEAL) ! 1. S. Barron, Notary Public in and for Brazos County, Texas. THE STATE OF TEXAS 4 COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared Norman J. Dansby, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the 20th day of May, A. D. 1939. (SEAL) V. S. Barron, Notary Public in and for Brazos County, Texas THE STATE OF TEXAS 4 COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared Horace P. Dansby, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the 20th day of May, A. D. 1939. (SEAL) W. S. Barron, Notary Public in and for Brazos County, T exas. THE STATE OF TEXAS 1 COUNTY OF BRAZOS 0 BEFORE ME, the undersigned authority, on this day personally appeared Mfrs. Minnie Dansby, 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, and in the cap- e acity therein stated. Given under my hand and seal of office this the 20th day of May A. D. 1939. 100 (SEAL) F.W. S. Barron, Notary Public in and for Brazos County, Texas. Mit Dansby TRANSFER, , to 1 Dated. November 16th, 1939, Filed December 4th, 1939, 0 Recorded in Volume 101, First State Bank & Trust Company, ti Page 550, Bryan, Texas Deed Records, Brazos County, Texas. THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 WHEREAS, by a deed dated August 10th, 1937, and recorded in the Deed Records of Brazos County, Texas, Mrs. Minnie. Dansby, et al, conveyed to J. C. Culpepper Two Hundred (200) acres of land in the Richard Carter League, Abstract No. 8 in Brazos County, Texas, retaining in said deed a vendor's lien to secure the payment of six (6) certain promissory notes of even date with said deed, executed by J. C. Culpepper and payable to Mit Dansby dr order at Bryan Texas, said notes being for the sum of FIVE THOUSAND DOLLARS 05,000.00) each, and being payable on or before August 10th, 1938, 1939, 1940, 1941, 1942 and 1943, respectively; and WI REAS, by a deed of trust dated August 10th, 1937, and recorded in the Deed of Trust Records of Brazos County, Texas, said J. C. Culpepper conveyed said above described land to J. N, Dulaney, as trustee, for the purpose of additionally securing the payment of said above described six (6) notes and also for the purpose of securing the payment of another note dated August 10th, 1937, for the sum of FOUR THOUSAND DOLLARS 04,000.00) executed by said J, C. Culpepper and payable to Mit Dansby or order on February 10th, 1938, representing a part of the consideration in the above described deed, being Four Thousand Dollars `4,000,00) of the Ten Thousand Dollars ('' (:10.000.00) cash consideration shown in said deed. Said deed of trust is of record in Volume 6 on page 356 of the Deed of Trust Records of Brazos County, Texas, and to which reference is here made for further description of said land and all of said notes; and WIEREAS, afterwards, the said J. C. Culpepper conveyed said land to College Hills Estates Company, a corporation, by a deed duly recorded in the Deed Records of Brazos County, Texas, and in said deed the grantee assumed the payment of all of said notes; and WHEREAS, said note for the principal sum of Four Thousand Dollars (14 together with the first two (2) of said series of six (6) notes, to -wit: said notes originally due on or before August 10th, 1938 and 1939, respectively, were duly paid; NOW THEREFORE, I, iliit Dansby, being the present legal owner and holder of the last four of said notes, namely, said notes payable on or before August 10th, 1940, 1941, 1942 and 1943, respectively, for valuable consideration this day paid to e by First State B ne Bank &: Trust Company, Bryan, Texas , p recei t of which is hereby acknowledged, do hereby transfer and assigneach and all of said four (4) notes, together with the vendors lien and deed of trust lien securin, payment of same, unto said Bank; and for said consideration,, I do also transfer and convey unto said Bank all of my right, title and interest in and to said land and every part thereof owned by me by virtue of said deed and deed of trust above mentioned. TO HAVE AND TO HOLD the same unto First State Bank & Trust Company, Bryan, Texas, its successors and assigns. 101 Witness my hand this 16th day of November, A. D. 1939. Lit Dansby TEE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME the undersigned authority, on this day personally appeared Mit Dansby, known to me to be the person whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 17th dye of November, A. D. 1939. Donald Cole, a Notary Public in and for Brazos County, Texas (SEAL) 102 • N. E. Boughton, Secretary 4 RESOLUTION, (Certified Copy) Dated July 5th, 1938, to D Filed September 20, 1938, Recorded in Volume 97, page 126, The Public § Deed Records, Brazos County, Texas On this the 5th day of July, A. D. 1938, at a meeting of the Board of Directors of the College Hills Estates Company, on motion duly made and seconded, the following resolution was unanimously passed by said Board; all Directors being present and participating: BE IT RESOLVED THAT Since the College Hills Estates Company, a corporation, primarily engaged in the sale of real estate in the College hills Estates Addition, Brazos County, Texas, in order to make contracts, deeds and conveyances, the President or Vice President is hereby authorized and directed to execute in the name of and on behalf of this Company, all instruments necessary in the conveyance of the Company's real estate in said Addition and execute all necessary receipts, releases and transfers of liens in connection with the sale of said real estate, and all of their acts, deeds and trans- actions are hereby ratified in the premises. The Secretary of this Corporation is ordered to record a certified copy of this resolution in the Deed Records of Brazos County, Texas, and when so done, same 411 evidence the authority for the execution of the deeds and other in- struments of writing of said Corporation. THE STATE OF TEXAS D COUNTY OF BRAZOS D I, N. E. Boughton, Secretary of College Hills Estates Company, a corporation, hereby certify that the above and foregoing is a true and correct copy of General Resolution, authorizing sale of real estate by the Executive Officers of said Corporation, passed by the Board of Directors of said Corporation, at a regular meeting thereof held on the 5th day of July, 1938, and same is shown of record in Book A, page 15, of the Minutes of said Board. 'Given under my hand as Secretary and the seal of said Corporation on this the 15th day of September, 1938. N. E. Boughton, Secretary (SEAL) 103 COLLEGE HILLS ESTATES COMPANY 0 PLAT and DEDICATION, Fourth Install- ment of College Hills Estates, TO 4 Dated August 10, 1940, Filed August 10, 1940, The Public 0 Recorded in Volume 104, page 243, Deed Records, Brazos County, Texas. THE STATE OF TEXAS D COUNTY OF BRAZOS 4 KNOW ALL MEN BY THESE PRESENTS: Whereas, the COLT) GE HILLS ESTATES COMPANY, a Texas Corporation with it's principal office at College Station, Texas, did, on July 6th, 1938, acquire and become the record title holder of 200 acres of land, more or less, located in the Richard Carter League of Brazos County, Texas, said land being conveyed to said Corporation by deed executed by J. C. Culpepper duly recorded in Vol. 96, page 592, Deed Records of Brazos County, Texas, to which record reference is here made for a more particular description of said land, and WHEREAS, the said COLLEGE HILLS ESTATES COMPANY has since that time divided said land or a portion thereof into lots to be sold and have designated streets and alleys in said land, and said streets, alleys and passageways are shown and described on a map or plat, a copy of which is attached hereto and made a part hereof, said tract being known as FOURTH INSTALLMENT OF COLLEGE HILLS ESTATES Subdivision. NOW THEREFORE, KNOW ALL MN BY THESE PRESENTS, That COLLEGE HILLS ESTATES COMPANY, A Corporation, acting herein by and through it's President, J. C. Culpepper, does hereby dedicate and declare that said streets, alleys, and passageways as are shown on said plat are hereby dedicated to the use of the, general public and to be used as streets, alleys, and passageways. IN WITNESS WHEREOF, the COLTFGE HILLS ESTATES COMPANY, has caused these presents to be executed by it's President, J. C. Culpepper, attested by it's Secretary, N. E. Boughton, and the impress of it's Corporate Seal, at College Station, Texas, this 10th day of August, A. D. 1940. (SEAL) COLLEGE HILLS ESTATES COMPANY N. E. Boughton Secretary N. E.Bou.g iton By J. C. Culpepper President. J. C. Culpepper TIE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 BEFORE ME, the undersigned authority, a Notary Public in and for Brazos County, Texas, on this day personally appeared J. C. Culpepper, President of College Hills Estates Company, A Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said Corporation, for the purposes and consideration there- in expressed and in the capacity therein states. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of August, A. D. 1940. (SEAL) Ben D. Alexander, Notary Public in and for Brazos County, Texas. TOE STATE OF TEXAS Q COUNTY OF BRAZOS ¢ KNOW ALL MEN BY THESE PRESENTS: That the FIRST STATE BANK AND TRUST COMPANY, Bryan, Texas, 104 acting herein by and through its duly authorized Vice -- President, • J. N. Dulaney, being the record lien holder on the property herein described„ hereby take notice and knowledge of this dedication and ratify the act of College Hills Estates Company in making this dedication. FIRST STATE BANK AND TRUST COMPANY, Bryan, Texas By J. N. Dulanoy,_Vice- President. (SEAL) hula ney TEE STATE OF TEXAS 0 COUNTY OF BR.ZOS 0 BEFORE ME, the undersigned authority, A Notary Public in and for Brazos County, Texas, on this day personally appeared J. N. Dulaney, Vice- Presi- dent of the FIRST STATE BANK AND TRUST COMPANY, Bryan, Texas, 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 as the act of said Corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of August, A. D. 1940. (SE:L) Ben D. Alexander, Notary Public in and for Brazos County, Texas. 1 College Hills Estates 'Thmpany 0 RESTRICTIONS, Fourth Installment, Dated August 10, 1940, to Filed August 17, 1940, Recorded in Volume 104, page 240, The Public ; Deed Records, Brazos County, Texas. THE STATE OF TEXAS 4 COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: That COLLEGE HILLS ESTATES COMPANY, A Corporation with it's principal office at College Station, Brazos County, Texas, having heretofore dedicated the streets, alleys and passageways, and subdivided according to a plat or map a portion of the land conveyed to it by Mrs. Minnie Dansby, et al, by deed recorded in Volume 94, page 251, Deed Records of Brazos County, Texas, does hereby impose and place the following restrictions upon the sub- division known as Fourth Installment of COLLEGE HILLS ESTATES, to -wit: FIRST: All lots in the tract shall be known and des- cribed as residential lots. No structures shall be erected, al- tered, placed or permitted to remain on any residential lot other than one detached single family dwelling and necessary outhouses. No person of any race other than the caucasian race shall use or occupy any buildinc or any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race domiciled with an owner or tenant. SECOND: No building shall be erected, placed or altered on any building plot in this subdivision until the building plans specifications and plot plan showing the location of such building have been approved in writing by a majority of a committee com- posed of Paul M. Durland; N. E.• Boughton and 0. C. Hawley, or their authorized representative, for conformnity and harmony of external design with existing structures in the subdivision, and as to location of the building with respect to property and build- ing set back lines. In the case of the death or removal from the Community of any member or members of said Committee, the surviving member or members shall have the authority to approve or disapprove such design or location. If the aforesaid Committee or their authorized representative fails to approve or disapprove such design or location within ten days after plans and specifications have been submitted to it, or if no suit to enjoin the erection of such building, or the making of such alteratuons has been com- menced prior to the completion thereof, such approval will not be required. Said Committee or their representative shall act without compensation. Said Committee shall act and serve until July 10th 1945,. at which time the then record owners of a majority of the lots which are subject to these covenants, may designate in writing duly recorded among the land owners their authorized representative who thereafter shall have all of the powers, subject to the same limitations, as were previously delegated herein to the aforesaid committee. THIRD: On all estates fronting on Gilchrest Avenue and Kyle Avenue, no dwelling shall be erected unless it contains not less than 800 square feet of floor space, exclusive of uncovered porches, terraces, and outbuildings; and on all estates fronting on Foster Avenue; Milner Drive and Loss Avenue, no dwelling shall be erected which contains less than 650 square feet of floor space exclusive of uncovered porches, terraces and outbuildings. It is understood and agreed that covered porches and attached or semi - attached garages shall be eonsidered as a part of the floor space requirements as herein provided, but such attached or semi- attached garages must be attached either by one wall, or more, or with a 106 covered passageway. All improvements of frame construction or trimmings shall be painted with at least two (2) coats of good house paint, and in case wood shingles are used the same shall be covered with at least one (1) coat of shingle stain or paint. No structure shall be moved onto any estate in this addition unless it conforms to and be in harmony with similiar structures in the addition and is approved by aforesaid committee. No house shall be constructed in said subdivision the cost of which shall be less than $1750.00. FOURTH: The dwelling house as distinguished from the outhouses or servants quarters shall face the street upon which the estate or lots front and no part thereof shall be nearer the front of the property nor nearer the side street line than the building line designated on the plat of said Addition, unglazed porches excepted. All other structures shall be to the rear of the main dwelling, except attached or semi- attached garages, and no structures shall be nearer that ten (10) feet to the side line of said lot or estate, except thh the side line restriction shall not apply to a detached garage or other outbuilding located 75 feet or more from the front line of said lot. Dwellings on corner lots shall have a presentable frontage on all streets which the parti- cular corner lot fronts. Where corner lots are of equal or nearly equal dimensions on two streets, or they are irregular shaped lots, the Committee reserves the right to designate the direction in which said improvements shall face, and such decision will be made with the thought in mind of the best general appearance to that immediate section. FIFTH: No garage, trailer, barn or other outbuildings erected in this Addition shall be occupied by the owner, tenant or anyone prior to the erection of the main building. SIXTH: Until such time as a sanitary sewer system shall have been constructed to serve the Fourth Installment of COLLEGE HILLS ESTATES, a sewer disposal system constructed in accordance with the requirements of the State health Department shall be installed to serve each dwelling. The effluent from septic tanks shall not be permitted to discharge into a stream, storm sewer, open ditch or drain unless it has been first passed through an absorption field approved by the health authority. SEVENTH: No noxious or offensive trade shall be carried on upon any lot of estate, or shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. If the parties hereto or any of them or any of their heirs or assigns shall violate or attempt to violate any of the restrictions or covenants herein before January lst, 1965, it shall be lawful, for any person or persons owning any tract in said Addition to prosecute any proceedings at law or equity against the person or persons violating or attempting to violate any such covenants and restrictions, and either prevent him or them from doing so or to recover damages or other dues for such violations. EIGHTH: These covenants are to run with the land and shall be binding on all the parties and all persons claiming under them until January lst, 1965, at which time said covenants shall be automatically extended for successive periods of ten years unless by a vote of the majority of the then owners of the lots it is agreed to change the said covenants in whole or in part. NINTH: Invalidation of any one of these covenants by judgement or court order shall in no wise effect any of the other provisions which shall remain in full force and effect. I TENTH: No residential structure shall be erected or placed on any building plot, which plot has an area of less than 6,000 square feet nor a width of less than 50 feet at the front '„� building set -back line. 1. r ELEVENTH: An easement is reserved over the rear five feet of each lot or estate for utility installation and maintainance. IN WITNESS HRE0F, the COLLEGE HILLS ESTATES COMPANY has caused these presents to be executed by it's President, J. C4 Culpepper, attested by it's Secretary,, N. E. Boughton, and the impress of its Corporate Seal, at College Station, Texas, this 10th day of August, A. D. 1940. (Corporate Seal) COLLEGE HILLS ESTATES COMPANY At By J. C. Culpepper, President. N. E. Boughton, Secretary 3, C. Culpapper N. E. Boughton Ti E STATE OF TEXAS $ COUNTY OF BRAZOS BEFORE ME, the undersigned authority, A Notary Public in and for Brazos County, Texas, on this day personally appeared J. C. Culpepper President of College Hills Estates Company, A Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same at the act and deed of said Corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of August, A. D. 1940. (SEAL) Ben D. Alexander Notary Public in and for Brazos County, Texas. THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 KNOW ALL MEN BY THESE PRESENTS: That the 1FIRST STATE BANK AND TRUST COMPANY, Bryan, Texas, acting herein by and through it's duly authorized Vice - President, J. N. Dulaney, being the record lien holder on the above described property, hereby take notice and knowledge of therestric- tions imposed and placed upon the Fourth Installment of COLLEGE HILLS ESTATES, and hereby ratify the act of said College Hills Estates Company in making and imposing said restrictions on said subdivision. FIRST STATE BANK & TRUST COMPANY, Bryan, Texas (Corporate Seal) By J. N. Dulaney, Vice - President. J. N. Dulaney THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 BEFORE LIE, the undersigned authority, A Notary Public in and for Brazos County, Texas, on t2is day personally p peared J. N. Dulaney, Vice - President of the STATE B.AMK AND TRUST COMPANY, Bryan, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said Corporation for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of August, D. 1940. (SEAL) Ben D. Alexander Notary Public in and for Brazos County, Texas 108 ii 4 . ■ . .. I y I ca \ f 2 \ Y eI 1 1 4, d Air P- o I panASae�, • , s5 �'1V E l _:°. ' = _c_,cr I � ai a O 1 i �''' i 1 ° I r a P a e1 1 i 4/ r < s C• 'PT ' 1 1 1 p O b O . Y r - 0 r i 1 I -_ _ -_ A G '" I V O ■ I . : 1 p9 7'te/ I: 1'¢e/ s're/ b. 1 I 1 / b I ct �; 1 � � 1 e • o. '• l pq 1 I p •ti a a/ 11 • 1 v/e/ 1 O �' b I� Al X1 1 0 ' 1 o o w • 1 d 'oI 1/ I W l 6i/ 1 1 0 2 N 16 i i t V I `i 1n p 1 N ° ' f . I4, •I C ER /‘ y .''' �I b .. 1 ) ,.p/ I / a '1 , A / I • m W / I /o, / `'/ 1 1 / >< b I ,/ �' / h y a v/ s 1 0 4' I •41 6 / t om. / /b 4., ° / r . ° j I •-• xi . . .: } b ° / f. V v / / , q/z ( o rt �� 1 b /6� 1 .4. P -2 I P 1 , n / / M P /a G� / .' ' I • 6 / \ ao _ `°; -, ", a I� %' A 4- i ' / � � � ' °�' / �1 - �I ¢/ L.- 0 0 t) b i .o L - - - - -- 1."' / • / • V 1 1 0 1 0 1 qt r - - - - -- ?o y' Le i / 9 n i I • N. � o I / , J 0 I _oz¢/ �,I to i A A / A° / - // / o. Ir Zi I 0. o . � 1 0 c vi / R �L'/ / / :// 4 _e'te/ / I col I �l ., I 1 r i ° h,16 i t o /,F/ 1 1 /e/ I I ti•FC !�/ 70/ _ p�op ! I ! I Pa r- al 1 ∎ 1 9 1° b I �o o i �' 1 1 I + /Q/ I /4/ 1 I err/ a /6/ 7 /e/ Q °; Z 1 I 1: o I 1 g o f 0 "� i t y le/ 1 1.4-9 IP/ 1 0 1 f'SP/ I I t _i C I C t,... 0? /s/ ' 1 Is/ I 7-. 1 7'ee/ 0 /e/ 1 1 / e, 1St tn 03 I a. 1 1 , m o 1 m k' /8/ 1 /e/ 1 (,£Q/ (9 - - - ay " J r - /e% - v1 1 I I. op ml N b a9 . 11 , /e/ 1 I- / , 1 4 : el -re/ _ '' • /9 /9 -° '' /V 1 ' 1 .,,,--%(e V STATE OF TEXAS Q COUNTY OF BRAZOS THE BRAZOS COUNTY ABSTRACT COMPANY, INC., hereby certifies that this Abstract of Title contains a copy of all instruments filed and recorded in the Offices of the Clerks of the County and the District Courts of Brazos County, Texas, affecting title to the land described on the caption hereof, considered as a whole and being a portion of the 200 -acre tract of land, conveyed by the heirs of H. P. Dansby, Sr., to J. C. Culpepper, by deed dated August 10, 1937, and recorded in Volume 94, page 231, of the Brazos County, Deed Records. This abstract of title does not include instruments affecting individual lots located in College Hills Estates or any installment thereof. We do not certify as to taxes. This certificate is issued for the use of and shall inure to the benefit of the College Hills Estates Company, WITNESS OUR SIGNATURE AND CORPORATE SEAL At Bryan, Texas, this the 5th day of May, A. D. 1941, at 5 :00 o'clock P. M. BRAZOS CO6TY ABS ' ■ COMPANY, INC., BY: m j PCM.g l e` (SEAL) 110 ABSTR ACT T,F,r OF r;L TITLE (Supplementing Our Supplemental Abstract of Title Number 7500) T O Being Lot FORTY -ONE (41), College Hills Woodlands, in the City of College Station, Brazos County, Texas, and appearing in the name of D. I. Eidemiller, et ux. PREPARED FOR D. I. Eidemiller, et ux DATE OF PREPARATION July 17, 1956 B Y BRAZOS COUNTY ABSTRACT COMPANY, INC. BRYAN, TEXAS COULTER HOPPESS, President IRA F. LEWIS, Secretary - Treasurer No. 1 1 37 GRANTOR GRANTEE KIND OF ABST. INSTRUMENT - BOOK - PAGE - RECORD - PAGE Title Page 1 Index Page 2 Prud. Ins. Co D I. Lidemiller,.Rel 32 261....Rel 3 D. I. Eidemiller, et ux.C. B. Ryan Deed 175....105....Deed....4 Tax Certificate, City of College Station 6 Tax Certificate, A&M Consolidated School District 7 Tax Certificate, County of Brazos 8 Abstracter's Certificate 9 • - ' ...,- .. -• . - • , , ,,,, • - _ , - •. 1 f) • . . ,, .. TEXAS RELEASE ; . STATE OF TEXAS Know All Men by These Presents: r -..: COUNTY OF HARRIS That in consideration of the payment of a note for .... ..T....7.f. .. 7:-..i.c.T.::: Mr NC/1(10 .. 011,70(1.00) ------ --------------• ...... Dollars, described in a deed of trust executed by DONAU I. F. MEY.ILLEP and wife, ,?.C E ET !'icTJATTLY , Trustee, for the benefit of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, recorded in N'ol. 43 , Page ..... 41 .. ... , of Deed of Trust Records of 3RA Z OS County, Texas, refer- ence to which is here made for a full description of the land therein conveyed and the said note, THE PRU- ; . . DENTIAL INSURANCE COMPANY OF AMERICA, owner and holder thereof, does hereby release said deed of trust and all other liens securing said note. IN WITNESS WHEREOF, TIIE PRUDENTIAL INSURANCE COMPANY OF ANIEHICA, a has hereunto caused its name to Ix. signed and it corporate seal affixed this 1:71 day of July , 19... r '(.... THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, . , By Ce■ ..... _...._ ....:::: - — Carl L. T.atthe::s l'iee Prr,ment. . Onlf t ..-- kID' . _ APPROID _ • ' -.. , ATI'EST: - __ 1 / . . ^ritchfield Assist • ecretary. ,. . STATE OF TEXAS ItS.: COUNTY OF HARRIS BEFORE ME, the undersigned authority, a Notary Public, in and for the State of Texas, on this day personally appeared Carl L, Tlatthe , Vice President of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of The Prudential Insurance Com- , pany of America aforesaid, a corporation, and that he executed the same as the act of said corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN pDER MY HAND AND SEAL OF OFFICE, this 1"th day of Jul;,:. A. D., '19,, 2,.. . ..--__ 6:60 ,.__ :Vagary Pup ae ia and par Harris • TAMIL Eunice B. Proyles . - •: 7 . . .MI:r commission eu June 1, 1 .• , . , FILED FOR RECORD 9:25 O'CLOCK A. M., 12 DAY OF JULY 19 56 • RECORDED 2 O'CLO7K '• M. 17 DAY OP JULY i 6 . A. . . YPTAK COUNTY,,CLERN BY( - " i DEPUTY , -: ■ 74- o • TIT STATE OF TEXAS 0 COUNTY OF BRAZOS 0 That We, DONALD IRWIN EIDEMILLER and wife, ROBERTA B. EIDEMILLFR of the County of Brazos State of Texas for and in consideration of the sum of TEN AND NO /100 010.00) DOLLARS and other good and valuable consideration; to us in hand paid by CECIL B. RYAN AND WIFE, HELEN S. RYAN, as follows: All in cash, the receipt of which is hereby acknowledged and confessed; have Granted, Sold and Conveyed, and by these presents do Grant, Sell, and Convey, unto the said CECIL B. RYAN and wife, HELEN S. RYAN, of the County of Brazos State of Texas all that certain tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Forty -one (41), College Hills Woodlands, and addition to the City of College Station, Brazos County, Texas and the adjoining triangular tract described by metes and bounds as follows: BEGINNING at the common rear corner of Lots 40 and 41, a stake; THENCE in a Southerly dirPetiof Tong the rear line of Lot 40, a distance of 48.2 feet to a stake for corner; THENCE in an Easterly direction across Lot 40, a distaac,e of 149.4 feet to the common front corner of Lots 40 and 41 to stake; THENCE IN a Westerly direction along the common side line of Lots 40 and 41, a distance of 135 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the above dscribed premises, together with all singular the rights and appurtenaces thereto in anywise belonging unto the said CECIL B. RYAN and wife, HELEN S. RYAN, their 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 CECIL B. RYAN, and wife, HELEN S. RYAN, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS our hands at Bryan, Texas, this the 28th day of June, 1956. $15.80 Revenue Stamp DONALD IRWIN EIDrMILLER affixed and duly cancelled. DONALD IRWIN EIDEMILLER ROBERTA B. EIDEMILLER ROBERTA B. =MILLER THE STATE 07 TEXAS 0 COUNTY OF BRAZOS 0 BEFORE ME, the undersigned, a Nortary Public in and for said County and State on this day personally appeared DONALD IRWIN EIDEiILLER AND ROBERTA B. EIDEMILLER, his wife, both known to me 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 ROBERTA B. EIDEMILLERR, wife of the said DONALD IRWIN EIDEMILLER having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said ROBERTA B. EIDEMILLER 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. ( SEAL ) GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 30th day of June A.D. 1956. C. E. Dillon Notary Public in and for Brazos County Texas FILED FOR RECORD 4 :40 o'clock P.,i. 13 day of July 1956, RECORDED 9 o'clock A.M. 17 day of July 1956. A. B. SYPTAK COUNTY CLERK BY Johnnie M. Stanford DEPUTY • TAX CERTIFICATE THE STATE OF TEXAS I COUNTY OF BRAZOS Know A11 men by these presents: That I, Florence Neelley, Tax Assessor- Collector for the City of College Station, Texas, hereby certify that all City Taxes on the prop- erty described below have been paid down to and including those for the year 19 55 , except for $ for the year (s) Amount delinquent $ Current $ Total $ None Lot or Abstract: Block or Acres: Addition or Survey: 41 C. H. Woodlands Rendered in the name of D. I. Eidemiller for the year 195 5 . This property appears on the roll for the current tax year in the name of D. I. Eidemiller The consideration for this certificate is $1.00 in cash paid the receipt of which is hereby acknowledged. Witness my hand and seal of office at College Station, Brazos County, Texas, this 25th day of duly , 19 56 Mrs. Florence Nee ey Tax Assessor - Collector (Seal) City of College Station, Texas TAX CERTIFICATE THE STATE OF TEXAS J COUNTY OF BRAZOS Know All men by these presents: That I, William R. Miller Jr., Tax Assessor- Collector for the A & M Consolidated Independent School District, hereby certify that School Taxes on the property described below have been paid down to and including those for the year 19 , except for $ for the year (s) Amount delinquent $ Current $ Total Lot or Abstract: Block or Acres: Addition or Survey: Coller'e Hills Woodlands Rendered in the name of D. I. Eiden-illet for the year 195 . This property appears on the roll for the current tax year in the name of , . I. The consideration for this certificate is $1.00 in cash paid the receipt of which is hereby acknowledged. Witness my hand and seal of office at College Station, Brazos County, Texas, this day of July 19 `-' William R. Miller Jr. Tax Assessor- Collector A & M Consolidated Independent School District (Seal) College Station, Texas TAX CERTIFICATE THE STATE OF TEXAS Know all men by these presents: COUNTY OF BRAZOS That I, Marjorie E. Burkhalter, Tax Assessor - Collector of Brazos County, Texas, hereby certify that all State and County Taxes on the property described below have been paid down to and including those for the year 195 5 x zg Xslc XXXIOCXXXOCXx x year (s) Amount Current $ Delinquent $ Total $ Lot or Abstract: Block or Acres: Addition or Survey: 41 Col Hills Woodland This property appears on the roll for the current tax year in the name of D. L. Eiddmiller The consideration for this certificate is $1.00 in cash paid, the receipt of which is hereby acknowledged. Witness my hand and seal of off ice at Bryan, Brazos County, Texas, this 26th day of July 195 6 MARJORIE E. BURKHALTER (Seal) Tax - Assessor of Brazos County, Texas Deputy STANDARD SALE CONTRACT (This form approved by Texas Real Estate Assn. THE STATE and Bryan - College Real Estate Board) �'�EXAS 1 BY THIS AGREEMENT AND COUNTY OF CONTRACT, DONALD II WIN EIDEIGILIM & wife, ROEERTA B. EIDELILI Parties acting through the undersigned and duly authorized Agent, hereinafter called Seller, ells 6 ' FVyafet.silecom (or sau$e fo be conveyed) unto , hereinafter called Purchaser, and said Purchaser hereby agrees to buy and to and situated in the County of Brazos. pay for the following described property: Lying Being known as Lot 41 State of Texas, Col lego Bills :oodlsrrd, an addition to the City of Properties college Station, Brazos Count described by metes and boundsy'r1foli and the adjoining triangular tract BEGINNING at the common rear corner of Lots 4C and 41, a eteke TliEidCE' in a : outi�er.1 ; tii�'o tore along the rear a' line of Lot 40, a distance of 48.2 feet to a stake for corner; THENCE in an Easterly Direction acrose Lot the common front corner of Lots 40 and 41to st ke;°nee of 149.4 feet to THENCE in a l'.beterly direction along the common a ditance of 1 53 feet to the PLACE OF L, ide line of Lots 4C and 41, 'G INRIIv'G. The purchase 14, 400.00 price is $ $ 14 , payable as follows: Cash (of which Purchaser has deposited with the undersigned Agent $ 501 %M as part payment, receipt of which is hereby acknowledged by said Agent); Terms The said executed note or notes herein described to be secured by Vendor's Lien and Deed of Trust with power of sale and with the usual covenants as to taxes, insurance and default. Seller agrees to furnish Abstract to said Title shall be conveyed free and clear of any and all encumbrances except those named herein. property, which If abstract be furnished, Purchaser agrees, within ten days from the receipt of said abstract, either to accept the title as shown by said abstract or to return it to the undersigned Agent, with the written objections to the title. If said abstract is not returned to the Agent with the written objec- tions noted within the time specified, it shall be construed as an acceptance of said title. If title policy be furnished, Purchaser a Pees the title, to consummate the sale. g within ten days from date title company approves Restrictions or conditions imposed in any addition or subdivision of which this property is apart or any existing party wall agreements shall not re recited as objections to the title. If any title objections are made, then the Seller or the Agent shall have reasonable time to cure said objections or show good and marketable title. In the event of failure to furnish marketable title, the cash deposit hereby receipted is to be returned to Purchaser upon the cancella- tion and return of this contract; or, Purchaser may enforce specific performance good and Seller agrees, when title defects (if any) have been cured, to deliver a g000d d and sufficient Gen eral Warranty Deed properly conveying said property to said Purchaser, and Purchaser agrees, n s same. Closing when said deed is presented, to pay the payment and execute the note or notes 1 and Deed of Trust herein provided for. Should the Purchaser fail to consummate this contract as specified for any reason, except title defects, Seller shall have the right to retain said cash deposit as liquidated damages for the breach of this contract, and shall I commission; or, Seller may enforce specific performance of this a ontractent therefrom Seller agrees to pay said Agent % commission, said commission payable at Texas. Taxes Te of closing. for the current year, and current rents, insurance, and interest (if an to date e Y) are to be prorated It is hereby agreed by both seller: and buyers to close thie case June 30, 1956. pecial It is further agreqd that seller Lc iitions July 31, 1956. Purchaser is to receive ooner month 's the of $76.12 from seller. amount Executed in triplicate this 30th day of P�;ay 5 6 This c. / t act subject to the ,acceptance of Seller. 19 ; • -iv G at D onal. Irwin Ei e mi e r / • Cecil Ryan yan � ' dC,�y l'.. lc.v s eller Purahacer -Ro tame - -B,_ _ denitiler -- ...�,� aas _% .,� • Pr B c x xa xx. c xn ua Ryan --------- - - - - -- E Agent for B EFORE ME, personally THE STATE OF TEXAS County, Texas, on this day P a Notary Public in and for COUNTY OF and his wife, both appeared known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that purposes and consideration therein expressed, and thsaid privily and apart from her w fe each executed the same for the pure having been examined by wife of the said the said husband, and having the same fully explained to her, she, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same fort the expressed, and that she did not wish to retra A.D. 19 purposes and consideration therein exp day of GIVEN UNDER MY HAND AND SEAL OF OFFICE this -- - ----- - - - - -- County, Texas. ---------------------------- - - (L.S.) Notary Public in and for CORPORATION ACKNOWLEDGEMENT THE STATE OF COUNTY OF ersonally appeared BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day P known to me to be the person ed to me that the same was the act of and officer whose name is subscribed to the foregoing instrument tof and such corporation for the purposes and consideration the said a corporation, and that he executed the same therein expressed, and in the capacity therein stated. A.D. 19 GIVEN UNDER MY HAND AND SEAL OF OFFICE this Day of - - ----- - - - - -- ----- - - - - -- - - ----------- - - - - -- - - - - - -- County, — (L.S.) Notary Public in and for I 1 ® . 3 d . 'O j 1 I j • ri O 441 CS c3 . j 1 Q ) 'Z O fr' V O ` v j . Cs; .- •r1 +) O O 4 ° I 1 i 04:4 i a) O v m N } C3 L/] j� ! �» is ri a> '0 0 0 c� ri .M v O u� 0 0 of -1 jO t m y +� +� � iH j } td 0 A : H j m 0 O n o ei 0 0 Z z' t. +3 .0 .. U c' , N g p 0 .. o o ff x o 14 o o o C Q+ " -4- O N O • i 0 N y W o N O o y y F' d 5 O g E. 0 d s' cS - 5C P o z o m r. i Y f' a) 0 E o 0.) cn . '' 7 a„ P 0 y N v, O ' `C 'i7 N an d • O c . 0 W N H . W O 1 `41 W v 5 O `8 .. N Y (' m m m Isy L7 � c � g'. 0 x � � . A �k �al ,- d CD �.,� ass' S CS N g=1 0 0 I (This form a STANDARD SALE CONTRACT and Bryan-College Real Estate Board) Assn. THE STATE OF TEXAS I BY THIS AGREEMENT AND CONTRACT, COUNTY OF BRAzO j DONALD If WIN EIDE3dILLUI & wife, ROBERTA B. EIDELILLEli, hereinafter called Seller, Parties acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey (or cause to be conveyed) unto CECIL B. RYAN t wife, t l_ L ;., . ; YAt; , hereinafter called Purchaser, and said Purchaser hereby agrees to buy and to pay for the following described property: Lying • and situated in the County of Brazos , State of Texas, Being known as Lot 41, College Hills '..00dlrnde, an addition_ to the City of Properties College station, Brazos County, Texas, and the adjoining triangular tract described by meter and bounds at follows: BEGIN ING at the common rear corner of Lots 4C and 41, a stake; THENCE in a t outher'ly direction along the rear line of Lot 4G, a distance of 46.2 feet to a stake for corner; THENCE in an Easterly direction acroee Lot 4C, a distance of 149.4 feet to the common front corner of Lots 4C and 41 to a stake; THENCE in a ' : direction along the common ride line of Lots 4C and 41, a distance of 153 feet to the PLACE oF BEGINNING. . The purchase price is $ 14, 400.0Cy payable as follows: $ 14,400.00 Cash (of which Purchaser has deposited with the undersigned Agent $ 500.00 as part payment, receipt of which is hereby acknowledged by said Agent); Terms The said executed note or notes herein described to be secured by Vendor's Lien and Deed of Trust with power of sale and with the usual covenants as to taxes, insurance and default. Seller agrees to furnish Abstract to said shall be conveyed free and clear of any and all encumbrances except those named hereinrty, which Title If abstract be furnished, Purchaser agrees, within ten days from the receipt of said abstract, either to accept the title as shown by said abstract or to return it to the undersigned Agent, with the written objections to the title. If said abstract is not returned to the Agent with the written objec- tions noted within the time d, l If title policy be furnished Purchaser it sha agrees be , within co ten strued as days an from acceptance date title of company said title. the title, to consummate the sale. approves • Restrictions or conditions imposed in any addition or subdivision of which this property is a part or any existing party wall agreements shall not re recited as objections to the title. • If any title objections are made, then the Seller or the Agent shall have reasonable time to cure said objections or show good and marketable title. In the event of failure to furnish good and marketable title, the cash deposit hereby receipted is to be returned to Purchaser upon the cancella- tion and return of this contract; or, Purchaser may enforce specific performance of same. Seller agrees, when title defects (if any) have been cured, to deliver a good and sufficient Gen- eral Warranty Deed properly conveying said property to said Purchaser, and Purchaser agrees, Closing when said deed is presented, to pay the balance of the cash payment and execute the note or notes and Deed of Trust herein provided for. Should the Purchaser fail to consummate this contract as specified for any reason, except title defects, Seller shall have the right to retain said cash deposit as liquidated damages for the breach of this contract, and shall pay to Agent therefrom commission; or, Seller may enforce specific performance of this contract. % Seller agrees to pay said Agent % commission, said commission payable at Texas. Taxes for the current year, and current rents, insurance, and interest (if any) are to be prorated Taxes to date of closing. It is hereby agreed by both Gellert and buyers to close this crane June 3C:, 1956. Special It is further at ;re 4 that seller is to occupy this P �n July 31, 1956. Purchaser is to receive one P m onth's re! tal auount of w76.12 from teller. Executed in triplicate this 30th day of I'4ay 56 19 his contract subject e the acceptance of Seller. n i. epte� /� j / o ' • • d--- Irwin -- idels:iller I Seller Cecil B. R3X� Paxz'€ sac .er i�t.�d�.� - ts . ' Roberta - -I -- demill r By urc assn en s yen 4, gen 1 THE STATE OF TEXAS I BEFORE ME, COUNTY OF ) a Notary Public in and for County, Texas, on this day personally and 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 consideration having been examined by me privily and apart from her wife of the said 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. A.D. 19 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of (L.S.) — Notary Public in and for County, Texas. CORPORATION ACKNOWLEDGEMENT THE STATE OF I COUNTY OF I 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 and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Day of A.D. 19 (L.S.) Notary Public in and for County, U i rl -P I I a) ,4 o a) m 4 v ai -0 b a) ! o 1-4 a ) rd o 4 0 o o - 4 m i � 5 0 moo , 0 4 I LA 0 0 Ga 0 • ri rO -p c 5 04 .S, . — O rl •- 0 C a ) ) 0 0 c r-1 .40 o ai m c3 ai 0 ' V H ai 0 5-+ a> -p O v r+ ,�+ s. w c. +p o o H c l r U a) -o S. •. H 1 4 .4 1 :. ro 4 z a) .,3 0 a) 0 a] d 0 0 .0 O (A .4-1 �+ 4 't3 O ai m - 0 Z ca m as ?, •rl U o a) o ? i �+ 0 S. rl rd r':::, ,S C3 A N w X O O O d' U P . + .O (IS •ri m P-, -P 4-1 ia. & Y 't o co Y A g ti °. ''o D U o o � 1. o o o� co .2 Ei � .0 43 P O b y ' N .0 o a C.' • O i+ O O Y Ts O �+ "O 43 Er) XI p O O o Y N , O L. v o [-, T. • '� - • cv y .o o* O� ..- 0 O U O O Y O U ti 0 '.° C 0 O o � o� v ,9 � �y � E-1 m 4 4 O F N d W Y 0 s p o 0 o o V� -g -- a) C. N -O > H S : 2 A �' Y • d N . O O —, ( w 0 o cl as co . 0 — N N A ,W x 0 Y O U g N d Y 11.1 e, CC • . ---C-E-P-T-I-F-I-C-A-T-E--- THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 THE BRAZOS COUNTY ABSTRACT COMPANY, INC., hereby certifies that the above and foregoing Supplemental Abstract of Title taken in connection with our Supplemental Abstract of Title No. 7500 dated January 11, 1951 taken in connection with our Supplemental Abstract of Title No. 7109 dated July 6, 1950 taken in connection with our Abstract of Title No. 2898 dated July 9, 1940 and prepared by the Brazos County Abstract Company, Inc., contains photographic and typed copies taken from the actual record of each and every instrument filed and recorded in the offices of the Clerk of the District Court and Clerk of the County Court of Brazos County, Texas affecting title to the property described on the caption hereof from the sovereignty of the soil down to date hereof. `ie also certify that the herein abstracted property lies wholly within the City of College Station, Brazos County, Texas, and that this abstract contains Nine (9) pages. We do not certify as to taxes but show on page 6, Tax Certificate from the City of College Station, and on page 7, Tex Certificate from the A&M Consolidated School District, page 8, Tax Certificate from the County of Brazos, showing condition of same. WITNESS OUR HANDS AND CORPORATE SEAL at Bryan, Texas, this the 17th day of day of July, 1956, at 9:00 o'clock A.M. -" �; ' ' BRAZOS OUNTY ABSTRAC CU PANY, INC. ter- - Ira F. Lewis, Abstracter v. . 7 r virifiel 1 1 • SUPPL=TAL ABSTRACT Or TITLE (Supplementing our Supplemental Abstract of Title #7109) TO Being Lot Number Forty -one (41), College Hills Woodlands, a subdivision of a part of a 200 acre tract of land out of the Richard Carter League in. the `'ity of College Station, Brazos County, Texas, and appea: :ing in the name of Donald. I. Eidemiller, et ux. FOR Donald idemiller,et ux PREPARED January llth, 1951 BY BRAZOS COUNTY ABSTRACT CO IPANY, INC., BRYAN, TEXAS No. 7500 - I- N- D-E -X- mind of Abst. Grantor Grantee Instrument—Book—Page—Record—Page Title Page 1 Index 2 G. S. Parker Luber Co.... J. C. Culpepper Rel .. 25.... 622...Rel 3 J.C. Culpepper,et ux The Public .Hmsd 135 65...Deed.... 5 J.C. Culpepper D. I. Eidemiller...Deed 147....351...Deed.... 7 D.I. Eidemiller Prudential Ins.Co..B /T 43....461...D/T 9 Tax Certificate, City of College Station, Texas 11 Tax Certificate, Brazos County, Texas 12 Abstractor's Certificate 13 • THL ST.,TE OF TEXAS 4 COUNTY OF BRAZOS 1 KNOW ALL MEN BY THESE PRLSENTS: Whereas, on the 14th day of June, A.D. 1950, J. C. Culpepper of the County of Brazos, State of Texas, did execute, acknow- ledge and deliver to T. W. Hughes of the County of Brazos, state of Texas, a certain Mechanic's Lien recorded in Volume W, page 212 of ttecords of Brazos County,Texas, on the following described real estate, lying and being situated in the t.ounty of Brazos State of Texas, to -wit: Being Lot Number Forty -one (41), pollege Hills noodlands, a subdivision of a part of a 200 acre tract of land out of the ttichard Carter League in the L•ity of College Station,Brazos County,Texas, according to a plat of said Subdivision recorded in Volume 10. page 3, Deed Records of Brazos County,Texas, and being the same land conveyed by D. L. Eidemiller et ux to J. C. Culpepper, by Deed dated June 7, 1950 and recorded in Volume 144 page 519 of the Deed Records of Brazos County, Texas, to which plat, deeds and their records reference is here made for all purposes. to secure the rom t payment of one certain P P pay promissory note executed by the said J. C. Culpepper and payable to the order of T. W. Hughes as follows: Being in the principal sum of $11,000.0C, payable on or before the 1st day of November, 1950, with interest from maturity at the rate of 6% per annum, interest pay- able monthly as it accrues, both interest and principal payable at Bryan, Texas. This instrument was transferred by T. w. Hughes to G. S. Parker Lumber Company, Inc. by instrument dated June 14, 1950, and recorded in Volume W, page 213, of the Mechanic's Lien Records of Brazos County,Texas. AND WHEREnS, Said note with accrued interest thereon, has been fully paid to G. S. Parker Lumber Co., Inc. the legal and equitable holder and owner of such note: NOW, THr.itL.FORE, KNOW ALL iviiN BY THESJ:; PRESLNTS: That G. S. Parker Lumber Co., Ind., Acting by and through its President, G. S. Parker Jr. of Brazos County,State of Texas, in consideration of the premises, and of the full and final payment of said note, AP the receipt of which is hereby acknowledged, has this day, and do by these presents Release, Lischarge and Quitclaim unto the said J. C. Culpepper, his heirs or assigns all the rirht, title, interest and estate in and to the property above described, which it has or may be entitled to by virtue of said note and lien and do hereby declare the same fully released and discharged from any and all liens created by virtue of said note and lien, above mentioned. •. S. Parker Lumber Inc. this 9th day of January, WITNESS the hand of Co., y y, A.D. 1951. G. S. PA d( R LUMBER COMPANY, INC. BY: G. S. Parker Jr. G. S. Parker Jr., r e m 3 s i ent THE STATE OF TE %AS Q COUNTY OF BRAZOS 1 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared G. S. Parker, President of O. S. Parker Lumber Co., Inc., known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Lompany. Given under my hand and seal of office, this the 10th day of January, A.S. 1951 • Emory Smith Notary Public in and for (jE.L) Brazos County,Texas. The foregoing is a true copy of the original instrument which was filed for record on the 10th day of Jany A.D. 1951 at 2:45 o'clock p.m. and duly recorded on the 10th day of Jany A.D. 1951 at 4:50 o'clock p.m. to which I certify A. B. Syptak, C.C.C.B.C. J. C. Culpepper et ux 0 HOMESTEAD DESIGNATION, Dated: March 16, 1942, to 0 Filed: May 21, 1948, Recorded in Volume 135, Page 65, The Public 0 Brazos County Deed Records. THE STATE OF TEXAS 0 COUNTY OF MILAN 0 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, J. C. Culpepper and wife, Mary Lake Henderson Culpepper, of Milam County, Texas, own and are possessed of more land than is exempt by law to a family from forced sale; and WHEREAS, they desire to designate and set apart the home - stead which they claim and to which their family is entitled under the Constitution and Laws of this State: NOW, THEREFORE, We, the said J. C. Culpepper and Mary Lake Henderson Culpepper have this day set apart and designated and by these presents do voluntarily set apart and designate as our homestead claimed by us and to which our family is entitled under the Constitution and Laws of this State exempt from forced sale, the following described property, to -wit: Lots Nos. 49, 50, 82 and 83 of College Hills Woodlands, an Addition in College Station, Brazos County, Texas, a plat of which Addition is recorded in Volum: 104, page 3, of the Deed Records of Brazos Dounty, Texas. And we especially represent to The Supreme Lodge of Slavonic Benevolent Order of the State of Texas, (S.F.J.S.T.) that the herein- after described property, neither in whole nor in part, constitutes any part of our homestead, is not used by us for farming, grazing, hay, water, wood, nor in any other manner whatsoever in connection therewith, but is rented to tenants from year to year, which non - homestead property hereto refered is described as follows, to -wit: All that certain parcel of land situated in the City of Cameron, Milam County, Texas, on the northwest corner of the T. S. Henderson home block; and being the same property conveyed to J. C. Culpepper by T. S. Henderson et ux by deed dated March 1, 1936, which is recorded in Vol 216, page 68, of the Deed Records of Milam County, Texas, This statement and designation is made to The Supreme Lodge of Slavonic Benevolent Order of the State of Texas, ( S.P.J.S.T.) to induce it to advance to us the sum of $2250.00, the payment of which said sum of money shall be secured by a Deed of Trust lien on the tract of land herein described as being non - homestead property and with the dis- tinct knowledge and understanding that but for this statement The Supreme Lodge of Slavonic Benevolent Order of the State of Texas ( S.P.J.S.T.), would not advance to us the said sum of $2250.00 and accept said tract of land as a security for the repayment of said sum of money, and fully realizing that The Supreme Lodge of Slavonic Benevolent Order of the State of Texas, (S.P.J.S.T.) is relying on the truth of this statement. WITNESS OUR HANDS this the 16th day of March, 1942, at College Station, Texas. J. 0, Culpepper Mary Lake Henderson Culpepper SUBSCRIBED AND SWORN TO BEKR.E hE this the 23rd day of March, 1942, (SEAL) Selde, W, Hensiee THE SAT. . OF TEXAS COUNTY OF BRAZOS BEFORE AT, the undersigned authority, on this day personally appeared J, C. Culpepper known to me to be the person whose name is subscribed to the foregoing instrument and acknow— ledged to me that he executes the same for the pu:'po-es and consid— eration therein expressed, Also personally appeared ha :y Lake Henderson Culpepper, wife of the said Jc C, Culpepper, per, knows: to me to be the per- son whose name is aibscr.'beca to the foregoing instriwent and having been examined by me privily and apart from her husband, and having the sane fully explained to her 'she, the said 144r7 Lake Henderson Culpepper acknowledged such instrum,nt, to be her art and deed and c.eciared that she had willingly signed the same for the v:.rposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HaND AND SEAL OF OFFICE this the 23rd day of March 1942. Selden Henslee ( Selden W Henslee) Notary Public in and for Brazos County, (SEAL) T e x a s c 0 • • • THE STATE OF TEXAS 0 LOUNTY OF BRAZOS KNOW ALL NEN BY THESE PRESENTS: That I, J. G. Culpepper, not joined by my wife because the hereinafter described property is no part of my homestead, of the Count} of Brazos 6tate of Texas for and in consideration of the sum of ELEVEN THOUSAND SEVEN HUNDRED AND NO /100 ($11,700.00) DOLL.�t And other good and valuable consideration. to me paid, and secured to be paid, by Donald I. Eidemiller and wife, Roberta B. Eidemiller as follows: CASH, in hand paid, the receipt of which is hereby acknowledged: however, the sum of $11,70C.00 is paid to me by The Prudential Insurance Company of America, of Newark, New Jersey, at the request of the said Donald I. Eidemiller and wife, Roberta B. Eidemiller, and the receipt of same from said company is hereby acknowledged, and at the request of the grantees herein I do hereby and herein retain a vendor's lien to secure said The Prudential Insurance Company of America for the payment of the following described note: Said note being for the principal sum of $11,700.00, of even date herewith, executed by Donald I. Eidemiller and wife, Roberta B. Eidemiller, payable to the order of The Prudential Insurance Company of America at its Home Office in the city of Newark, New • " °- T. ael- i 00 e.ual Insurance Company of America. have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, said Donald I. Eidemiller and wife, Roberta B. Lidemiller, of the County of Brazos, nto the State of Texas, all that certain lot, tract or parcel of land lying and being situated in College Hills Woodlands, in the City of College Station,Brazos County,Texas, and more particularly described as follows: Being Lot Number Forty -one (41), College Hills Woodlands, A Subdivision of a part of a 200 acre tract of land out of the 'ichard Carter League in the uit of College olle?e station, Brazos County,Texas, according to a plat of said Subdivision recorded in Volume 104, pa Deed Records of Brazos County,Texas, and being part of the same land conveyed by Jim L. Mobley, et ux, to W. Fred Farrar, by Deed dated August 30, 1946, and recorded in Volume 126, page 302, of the Deed Records of Brazos County, Texas, and being the same land con- veyed by D. I. Eidemiller et us, to J. C. Culpepper, by Deed dated June 7, 1950, and re- corded in Volume 144, page 519 of the Deed Records of Brazos County,Texas, to which plat, deeds and their records reference is here made for all purposes. This conveyance is made subject to restrictions imposed against said property by written instrument of record in Volume 104, page 4, of the Deed Records of Brazos County, Texas, and amendments thereto. Grantees agree to pay the taxes for the year 1951. J. C. Culpepper's homestead is located on Lots 49, 50, 82 and 83 of College Hills Woodlan.. Woodlands subdivision in the City of College Station, Brazos County,Texas, where he is now residing, and his designation is recorded in Volume 135, page 165 of the Deed Records of 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 Donald I. hide- miller and wife, Roberta B. hidemiller, their 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 Donald I. Lidemiller and wife, Roberta B. Eidemiller, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improvements, until the above described note, and all interest thereon are fully paid according to its face and tenor, effect and read- ing, when this deed shall become absolute. Witness my hand at Bryan, Texas this 9th day of January, 1951. $14.30 Revenue Stamp affixed J• C. Cul e r • u pepper and duly cancelled. TH6 STATh OF TEXAS() COUNTY OF BRAZOS i BhFORE mh, the undersigned, . Notary Public in and for said County and State, on this day personally appeared J. C. Culpepper 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 office, this the 9th day of January, A.D. 1951. (SEAL) B. H. Dewey Jr. (H. H. Dewey Jr.) Notary Public in and for Brazos County,Texas. The foregoing is a true copy of the original instrument which was filed for record on the 10th day of Jany A.D. 1951 at 1:50 o'clock p.m. and duly recorded on the llth day of Jany A.D. 1951 at 11 o'clock a.m. to which I certify A. B. Syptak,,C.C.C.B.C. Deputy cc. 452 ,I f;1 • -- � �' b/7 TEX`•S DEED OF TRUST Prudential • ' STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS ' COUNTY OF BLAZOS That DONALD I. EIDEMILLER AND WIFE, ROBERTA B. EIDEMILLER, !Well: ft. r .•all ^d e.ant•ir.•. in eonaideratien of the mem of One Dollar to them cash in hand paid by Emmet McGauly, Trustee of Dallas County, Texas - - thr r•,-,-!pt of which is hereby acknowledged, and In further consideration of the indebtedness hereinafter mentioned and the credit given. . , ..i. m for the payment of the seine, have granted, sold and conveyed, and by these presents do grant. sell and convey unto the 'said Emmet McGauly , Trustee, and his successors in the trusts hereinafter • t f,:th. the following rcribed real estate. t•altacd in Brazos C. wnty. Texas BEING Lot Number Forty -one (41), College Hills Woodlands, a subdivision of a part of a 200 acre tract of land out of the Richard Carter League in the City of College Station, Brazos County, Texas, according to a plat of said subdivision recorded in Vol. 104, Page 3 of the Deed Records of Brazos County, Texas, and being part of the same land conveyed by Jim L. Mobley, et ux to W. Fred Farrar, by Deed dated August 20, 1946, and recorded in Volume 126, Page 302 of the Deed Records of Brazos County, Texas and being the same land conveyed by D. E. Eidemiller et ux to J. C. Culpepper by Deed dated June 7, 1950, and recorded in Volume 144, Page 519 of the Deed Records of Brazos County, Texas, to which plat, deed and their record reference is here made for all purposes. • This Deed of Trust secures a loan guaranteed under Section 501 of the Servicemen's Readjustment Act of 1944, as amended, and regulations issued under the Act and in effect on the date that this loan is subinitted and accepted or approved for guaranty shall govern the rights, dutieo and liabilities of the parties to such loan, cad any provisions of the loan instruments inconsistet•t with such regulations are hereby amended and supplemented to conform thereto. Shauld the Veterans' Administration fail or t i Its guaranty of the loan secured by this mortgage under the provisions of the Servicemen's Readjust- ment Act of 1944, as amended, in the amount of $ ( VLV * W , within sixty days from the date the loan would normally become eligible for such guaranty, the ' ' mortgagee herein may, at its option, declare all sum secured by this mortgage immediately due and payable. TO HAVE AND TO HOLD the above land and premises, together with all and singular the rights. .appurtenances and improvements now or hereafter in any way appertaining thereto. unto gr the tors said do hereby Emmet McGaul • Trustee, his successors or substitute, forever. And the said an bind themselves, their heirs, executors or administrators, to warrant and forever defend all and singular the above described land and premises unto the said Trustee. his successors or substitute, against all persons whomsoever claiming or to claim the same or any part thereof. This conveyance is made in trust to secure the payment of a debt of ELEVEN THOUSAND SEVEN HUNDRED AND NO /100 Dollars (S 1111�7�]0 ) payable to the order of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (hereinafter also referred to as the Company), at its Home Office, lai 6a aim Jersey (or at its option, after default at its office in Deltas, Texas), as evidenced by a certain promissory note of a re{rth and executed concurrently heyith by grantors, the principal and interest payable on the dotes stipulated ther�•j n{A finally maturing eerie 1 1Y/h , the principal and interest unpaid after maturity bearing interest at the rate of." per cent, per annum. payable annually. said note further providing for the pa ent of attort.of's tees in a oam equal to ten per cent. of the amount due thereunder and under the terms of this deed of trust if placed in the hands of an attorney for collection or to be proved, established or collected in any court. . The note s e c u r e d hereby is the same note described in a Deed of even date herewith wherein the hereinabove described property is conveyed to the undersigned. and duly filed for record in the Deed Records of the County in which the hereinabove described property is located; a vendor's lien having been retained in said D e e d to secure the p a y m e n t of the hereinabove Cescribed note. and in accepting this Deed of Trust, THE PRUDENTIAL INSUR- ANCE COMPANY OF AMERICA does not waive any superior title it may own by virtue of the premises. It is understood and agreed that the proceeds of the aforesaid note to the extent that the name are utilized to take up any outstanding Lena and charges against the lands described herein, or any portion thereof, have been advanced by THE PRUDENTIAL INSURANCE COMPANY OF AMERICA at grantors' request and upon ' grantors' representation that such amounts are due and are secured by valid lien against the above described land. THE PRUDENTIAL INSURANCE COMPANY OF AMEIRICA. or other holder of the said note. shall be subrogated to any and all rights, superior titles, lien - and equities owned or claimed by any owner or holder of said outstanding liens, charges and trdebtednear, however remote. regardless of whether said lien, charges and indebtedness are acquired by THE PRUDENTIAL IN- . , SURANCE COMPANY OF AMERICA by assignment or are relean_d by the holder thereof upon payment. w And as additional aecur!ty for the payment of the indebtedness described herein the grantors do hereby sell, assign and transfer unto the said THE PRUDEN- TIAL COMPANY OF .AMERICA the uses and profits of the said land, all unzevered crops or grantors' interest therein, and all rents and royalties accrued or to accrue j under all oil, gas, mineral, agriculaural or other leases or rental agreements co can ing said land and Improvements thereon. and direct any lessee, tenant. statutory trusee or other person in possession thereof to pry and deliver the name to the Company to be applied upon any delinquency in the performance of the terms of said note or Deed of Trust: provided that so long as the conditions of this Deed shall be faithfully performed, the grantors, their heirs and assigns: shall retain possession of the premises hereby conveyed. and shall be entitled to appropriate for their own use all the rents. income and profits derived therefrom. It is the intention of the parties hereto to create a severance of all of such rents, prorits and royalties upon a c nditie n subsequent. to -wit, the default or defaults in the performance of the terms of this Deed of Trust or the note secured hereby, and upon such default be•ng made, the right to such rents. profits and royalties, Including all unsevered crops whether in being at the time of the default or not. shall Immediately vest in the Company without further notice. Such right shall terminate upon satisfaction of the delinquent items, and 1:e. entire assignment shall terminate and become void upon release of this Deed of Trust. • The grantors do hereby covenant and agree with the Trustee and the Company, or any successor in title as holder of the note above described. as follows: 1. That the lien. created by this instrument is a firat. prior and superior lien and encumbrance on the lands and premises hereinabove described. ". To furnish and leave with the said Company during the existence of the loan hereby secured and all renewals thereof a complete abstract of title. which shall hi come the prop€rty of the purchaser at any Trustee's or foreclosure sale, and to pay for any extension of the abstracts which may be desired by the Company. _ 3. To pay all attorney's feeo and expenses which may be Incurred by the Company. its successors or assigns. in any suit in which it may become a party where this Deed of Trust or the real estate above described is in any manner involved. and any and all expenses incurred in presenting a claim against the estate of a de- . eedent or a bankrupt. . • 4. That they will pay before the same become delinquent all taxes and rssessments (including irrigation district. Oat rate assessments, and other charges. if any) which may be impored upon the said land and premises. and exhibit the official receipts therefor to the Company, and will keep said lands and improvements free (tmm at) cne urnhrane a and :' ■•ra r r elurme for liens of whatsoever nature, and protect and 'defend the title and possession of said premises to the end that this Deed of Tina! shall De and remain a first lien ou the said premises until the indebteduesa he, eby secured shall be fully paid. 5. That they will commit or emit no waste on the said premises. and that they will keep the buildings. fences and all other )0provements now or hereafter erected on said lands in a sound condition and In good repair. and that they will neither do nor permit to be done anything to the said p ,cmises that may impair the ralue thereof as the same now are (or are intended to be.) 6. That as between the part'.eo hereto and all others. except holders of prior liens it is agreed that all improvements and addition to buildings on said land and premises. all new structures. all machinery used in connection with buildings thereon. all heating and cooling appliances. all equipment used in connection with the elec- trtf,eatlon of the premises. including eny mtereet in equipment and power liner, own( d jointly with others, all machinery and equipmert in connection with the water supply and all other machinery. equipment and fixtures useful in the operation and management of the land and premise. regardless of the manner in which they are - attached to the buildings, are a part of said land for shall become a part of said land if hereafter placed thereon) and they shall not be removed therefrom without writ- ten e,r.sent of the Company or other holders of the debt secured hereby. Thin provision shall be cumulative and not excluaive. S 7. That they will insure and keep continuously insured to their full insurable value all buildings. structures and improvements on the said lands against loss by fire. windstorm, tornado and hail. and in each other forma of insurance as may be required by the Company. and that all policies of insurance without exception shall be written In c mrpanies approved by the Company or any holder of the said note and shalt carry proper mortgage clause in favor of the Company or any holder of the aeid note and shall be promptly de)ivercd as iasued and with the premiums fully paid to the Company or any holder of said note. and that the Company or said holder may collect the prccecds of coy and all Insurance that may bee -.me payable. and at its or said holder's option. may use the same to rebuild or restore the said im- Pvements or may apply the same to the discharge of the principal indebtedness secured hereby whether then matured or to mature in the future, and may deduct therefrom any expenses Incurred In connection with the ce lection or handtieg of the said fund but that the Company shall not be liable for the failure to collect any insurance provided for herein regardless of the cause of such failure. 8. That the Company or its aaeignn may, at its or their option, without demand or notice and without waiver of any right whatsoever. pay or discharge any lien or claim upon the said premises or pay any delingrent trx or assessment (including irrigation district. Oat rate assessments. and other charges. if any) and upon ouch [payment the Company or its anoigna shall be suhrogated respectively to the right. of the holder of such lien or claim or to the rights of the taxing authority: that the Company or its asn'gna - may advance any unpaid insurance premiums, or effect insurance If not provided by grantors as provided herein and pay the premiums there fur: that whenever the grantors have failed to properly maintain the improvements. the Company or its soigne may make re airs necessary for the proper preservation et the security: and the grantors hereby expressly agree to pay to the Company or Ito assigns. upon demand any and all disbursements made under the provisions of (Ms Deed of Trust together with Interest t h e r e o n at the rate of eight per cent. per annum from the respective dates of such disbursementa and all such Ms- .- i. aursemente shall become a part o1 the tndebtedness secured hereby, and as hetween the parties hereto and all others acquiring an, interest h e r 01 n the regularity and validity of all the levies and aaaessmente of taxes entered on the public record. shall be conclusively established thereby. 9. That the exercise of any option given under the terms of this Deed of Trust shall not be considered as a waiver of the right to exercise any other option giv en herein. 1 - .1 10. That in the event thegrantors convey their Interest in the described premises to parties not appearing in this instrument. the Company may. without mortice b. the grantnn, deal with each succesear er 'srtccesaan in Interest reference Deed Trust a nd he re secured, either by way of forbearance on the pelt rA the Company ur eztenb,n of the time of psYmnnt o f the with dr•ht rr any sum tothle hereby sec ured, without in any note he way by modifying or affecting the conveyance under this Trust Deed or the original llabillty of the grahton nn the note encored hereby, either in whole or In part. ' , 11. That all payments, made on the debt and advancements. if any. hereby secured shall be applied. first. to advancements. If any, in the order of maturity. and A a "eond. to that part. If any. loaned in excess of the amount, if any. loaned to renew existing Ilene. and then to that part. if any, loaned to renew Ilene now existing. Fro - e,eds from foreoeur.- sales shall be applied in the same manner. l el ~') NOW. THEREFORE, It is mutually agreed between the parties hereto. that If the said gnntoro shall faithfully keep and perform all the Covenants and agree- rn'nts above set forth, and well and truly pay oft and discharge the said note and all other principal of said Indebtedness or any unpaid balance thereof, and all interest retinue.] thereon, secured a n d I n t e n d e d to be secured herein, than and In that cane only. this conveyance .shall be null and void and shall be released e. in due form 11 the expense of the grantors: otherwise It Mali remain in full force and effect. • • 462 - • u But if default be made In the payment of any art of the Indebtedness hereby secured, whether interest. ' a demandable. or If default be made in any condition. stipulation. PNn or wh n the he • becomes due art1� --- -- tpi of the Company or any holder of Paid note or other indebtedness secured hereby without notice he saidgeranter.. be declar•d due and psyable and the said Company or any holder of said note ur other Indebtedness secured hereby may at its or said holder'. option. Institute proceedings respectively for the collection at law or in equity of such amounts as may be then unpaid, or the said Trustee. or his successor or successors hereunder, when so requested by the Company or any legal holder of the said note, shall aka poaaeaslon of the said property and shall sell or cause the same to be told, or *o much thereof asp may seem to him necessary be meet said Indebtedness and the ex peMp of executing this trust, at the Court House Door in said County of BRAZOS to the highest bidder. for cash, between the hours of ten o'clock a. m. and four o'clock p. m.. on the first Tuesda o aforesaid, af t hav g v n notice of the time. terms and place of such sale and the property to be sold by written notices thereof y In in anyy month after default u tyyyor In after sail Counties In which the property to be sold Is situate, on of which shall be at the Court House Door of said County or each . fpsid places Counti a County the pro v earl sold is situate. for at least twenty -one days prior to the day of sale, and mid Trustee shall have the privilege of selling Mid pro Deny . i, him shall Seem expedient. and after m deeds to tlry id sale shell make, execute and deliver to the purchaser or purchasers thereof a party together or In Iota or e property to sold. in fee temple, and shall receive the proceeds of such nele. gaud and sufficient deed or deeds It is agreed that it default be made In the payment of any Installment of the note secured by this Deed of Trust, the Company or its assigns shall have the op Lion to proceed with foreclosure in mtisfaction of such item either through the Courts or by directing the Trustee or his succesoms in trust to proceed m if under a full foreclosure. conducting the sale as herein provided, and without declar tag the whole debt due, and provided that if sale la made because of default of an installment . or a part of n instalment, such sale may be made subleet agreed d that such sale. if full [ rce and ft just no sal the e had been part made under provla ona thialsi Deed ap Arrd i t but as urther ed that several sale may be made hereunder without exhaustin the right of sale for any unmatured g part this Deed of Trust shalt a in of g4 Y part of the debt r t for hereby, and being the purpose to provide for a foreclosure and sale of he security h re for for any herumatu portion at the) the subsequently maturing It agre the that an foreclose at s inetallmen tt ryinstallments other or p pert of f the t secured C t cored h note rub secured shall have the same powers as are hereby conferred on the Company to proceed with foreclosure on a matured instalment or installments. and alto to request the Trustee or successors In trust to sell the property herein conveyed: but if an assignre forecloses or causes a sale to be made to satisfy any installment part of rn install- ment, or installments, then such foreclosure or sale shall be made subject to the unmatured part of the note and the debt secured hereby owned by the Company at the time or assigned subsequently to the assignment of the item to satisfy which the Nile is being made. The Trustee or his successor making any such sale shall apply the proceeds thereof as follows: I. He shall pay the reasonable expense of executing this trust, including a commission of five per cent. to the Trustee or his successors making the sale. 2 After paying such expense he shall pay so far its will be possible the debt secured hereby. discharging first that portion of said debt arising under the covenants or agreements hereinbefore contained and n o t e v i d e n c e d by the note, and discharging next the remainder of the debt in aecordnce with the provisions of the elevnth covenant set out above. 3. He shall pay the residue. If any. to the grantors or to their heirs. executors. administrators or assigns, unable to a the ct. or or any other resign land satisfactory to hen der the note cure eby, the Company or the der of the note secured he hereby shall r ha a full pow- er to appoint in writing and without any notice to the grantors, a substitute Trustee, and, if necessary, several substitute Trustees in succession, who shall have the said powers and estate hereby delegated to the said EMMET McGAULY Trustee. and It it agreed that such appointments made by any represenative of the Compny who has been given authority by the Finance Committee of the Board of Directors of the Company to ake suchappo be ment. polnt- It is further expressly provided that the Company, in any event, is hereby authorized at la option to appoint in writing a Substitute Trustee to act instead of the Trustee named herein. and is authorized to appoint other Substitute Trustees sue- ceasively during the life of this loan; and such Trustees shall each and all succeed to all of the rights and powers of the first Trustee named herein. Any deed or deeds which shall be made by any Trustee acting hereunder, shall be prima facie evidence of the truth of all the recitals therein contained as to the maturity and non - paymnt of any part of the debt secured hereby or other cause authorizing such sale, the request of the Trustee to sell, the advertisement of such role. the time. place. terms and manner of such sale and the proceedings had thereat. and in case such acting Trustee is a eubetitute, the fact of his appointment and the facts authorizing the appointment of a auisstitute in the premises, and all Courts of law and equity shall accept said deed or deeds as prima facie evidence that all pre - requisites to the validity of such sale were had and done. It is agreed that in event of any foreclosure sale under and by virtue of the powers herein granted of the property herein described, or any portion thereof. the grantors herein or their representatives. successors. heirs. or assigns shall forthwith upon the making of any such sale Immediately surrender posaeasion of come said premises to the purchaser at such sale. and in the event such possession is not surrendered and delivered. the party or parties, holding over shall thereupon be- mand, a sufferance of the successors purchaser asstgns, shall entitled pt sale. or his and a for forcible detainer of p rooerty an of such property upen de- writ Lion to enforce the right of possession therein. property, and secure a wit of reaiitu- If this Deed of Trust is executed by only one person or by a corporation, the plural reference to the grantors shall be hold to include and apply to the singular. WITNESS our hands, this 9th day of January 19 51. Donald..I...Eidemiller Roberta..B... idemiller DONALD-1,..-EIDEMILLER hOBERTA.B....EIDEMILLER The mortgagor. In more terms to protect the b d of t s mortgage, i hereby, d mortgagor oey will and agree that. in addition to the monthly payments of prin- ce l and interest under the pay monthly to the mortgagee. on the same day said interest are payable. until the said note or bond is fully paid, a sum equal to one - twelfth (1-12) of the known or estimated yy assessments levied in dra gaiie l and h described premises. and also one - twelfth (1 -12) of the known or estimated yearly premiums that will become due yearly taxes and mstaiutn in force insurance the on the premises herein described. Such estimates shall be made by the mortgagee, which shall hold such month) payments s in w trust. i t ob! gio the iarance est thereon, to pay such insurance premiums. taxes and assessments when due. except an hereinafter provided. If the total onthly pa men as maaddtle obligation under this inter- a - graph shall exceed the amounts of payments actually made by the mortgagee for insurance premiums. taxes and assessments. as the case may be. auch shall be credited on subsequent monthly payments of the same nature, but if the total of such monthly payments so made under this paragraph shall be insufficient to pay in- surance premiums, taxes and assessments when due. then the mortgagor shall upon demand pay to the mortgagee the amount necesaary to make up the deficiency. H. in accordance with the terms and provisions of the note or bond secured hereby. the mortgagor shall make full payment of the entire indebtedness of the note or bond se- cured hereby. the mortgagee will, before accepting such full payment. apply in reduction of principal any and all emounts accumulated under the provlafons of this Para- _ graph. To the extent that all the provisions of this paragraph for such payments of insurance premiums taxes and a uesements to the mortgagee are complied with, the mortgagor shall be relieved from compliance with such covenants herein, and /or in the note or bond secured hereby, which provide for the payment of Insurance pre- miums!, taxes and assessments by the mortgagor, but nothing in this paragraph contained shall be construed as in anywise limiting the right of the mortgagee, at its assessments option. to pay any in ur t axer andthssessments when tdtl con the event of default In the payment of any installment of insurance premiums. taxes or inbelore provided, the mortgagee shall have the same right at eta option to invoke and of all amount rights and s remedies pprovided the mortgage in the note as bond secured hereby as it would for defaults in performance of any other terms. condelons, agreements or covenants contained in the mortgage or the note or bond which it secures. Further, in the event of default under the provisions of the mortgage the mortgagee may apply any balance then remaining In the funds accumulated under the provisions of this rider for insurance premiums taxes end assessments. M a credit againat the indebtedness then remaining unpaid. assignee or transferee The used ' mortgagor " t n in this r rider shall the e construed to mean the maker or akp a of to which security instrument. and al or the vendee*. devisees, successors, heirs and assigns of such mortgagor; and the word "mortgage" as used in this rider a all be onstrued which this rider is attached. trued to mean the security instrument 1 1 This rider, attach to n f ig . part DEED OF TRUST dated January said Deed of ru .. wn • . a ! afar v�e� for $ - p0 is identified with ..1cc ....q. r a• Donald . .I. •.Eidemi 11 er Ro.berta..B...Eidemiller DONALD..L....EID :MILLER RO.BERTA..B....r:IDEMILLER SINGLE ACKNOWLEDGMENT 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 day of A. D. 19 (L. S.) Notary Public in and for County, Texas. JOINT ACKNOWLEDGMENT THE STATE OF TEXAS. COUNTY OF BRAZOS BEFORE ME, the undersigned, a Notary Public in and for said County snd State, on this day personally appeared DONALD I. i;IDt.:MILLER ROBERTA B. EIDEMILLER and , his wife, both known to me to be the persona whose names are subscribed to the foregoing instru. Pent, and acknowledged to me that they each executed the same for the pur- poses and consideration therein expressed, and the mid ROBERTA B. EIDEMILLER • wife of the said DDNAD I EIDEMILLER having been examined by me same fully explained to er I the s R BET B I F� I�,�, FR Y privily and apart from her husband. and having the acknowledged such Instrument to be her act and deed, andOhe declared th o flea willingly signed the same for the purposes and consideration therein expressed and that the did not wish to retract It GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 9th day of January A. D. 19 51• (L. s) B. H. Dewey, Jr. $ H...Dewey,...Jr. Notary Public a and for County, Texas. Brazos The foregoin7 is a true and correct copy of the original instrument which was filed for record on the 10th. day of January, A.D. 1951 at 1:50 o'clock p.m. and duly recorded on the llth. day of January, A.D. 1951 at 1:55 o'clock p.m. to which I certify. A. B. Syptak, C. (;. t,, B. C. /, �. i .c- l -1 1 ..fv Deputy (d) 4 TAX CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS College Station, Texas, Feb. 16, 1951 I, Tax Assessor- Collector for the City of College Station, Texas and the A. & M. Consolidated Independent School District, 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 195r) , except for the years 19 Amount delinquent Current $ None Total $None Lot or Block Addition Abstract or Acres or Sury .'_, College Hills Woodlands Rendered in the name of DJ 1. Ejdemiller for the year 19 This certificate is issued as a courtesy, without cLar{;e; 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 taxpayer or Abstract and Title Company who wishes to check them. l Tax Assessor - Collector City of College Station, Texas A. & M. Consolidated Independent School District • T A X C E R T I F I C A T E THE CTATE OF TEXAS 0 COUNTY OF BRAZOS 0 Bryan, Texas, Feb. 17, , 19.x. I, I. M. Weedon, Tax Assessor — Collector for Brazos County, Texas, hereby certify that I have made a careful check of the delin— quent 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 50 , except for the gears Amount delinquent $ Current $ Total $ • Lot or Block �'cd_tior. Abst.: or 4cres: or Survey: 41 College Hills Woodlands Rendered in the name of Fred r`arrer for the year 1950 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. I. M. 1'eedon Tax Assessor— Collector, Brazos County, Texas. BY: • Deputy. . . . _ • . --- C- E- R -T -I -F - I- C- A- T -E --- THE STATE OF TEXAS () COUNTY OF BRAZOS () THE BRAZOS COUNTY ABSTRACT COMPANY, INC., hereby certifies that the above and foregoing Supplemental Abstract of Title taken in connection with our Supplemental Abstract of Title Number 7109 dated July 6, 1950 taken in connection with our Abstract of Title Number 2898 dated July 9, 1940, and prepared by the Bra County Abstract Company, Inc., contains photographic and typed copies taken from the actual record of each and every instrument filed and recorded in the o '_fices of the Clerk of the District Court and Clerk of the County Court of frazos County, Texas, affecting title to the property described on the caption hereof from the Sovereignty of the Soil down to date hereof. We also certify that the herein abstracted property lies wholly within the City of College Station, Brazos County, Texas, and that this abstract contains Thirteen (13) pages. We do not certify as to taxes but show on page 11, tax certificate from the City of College Station, and on page Twelve (12), tax certificate from the County of Brazos, showing condition of same. WITLESS OUR HANDS AND CORPORATE SEAL at Bryan, Texas, this the llth day of January, 1950, at 1:55 o'clock p.m. BRAZOS COUNTY ABSTRACT COMPANY, INC., - ,i-S;,\.. Aii U4 _.q 7 `•` f -i ► Ira. . Lewis - S c. Treas. f ,gl, r-: - e -'- A C GEORGE W. KESLER ATTORNEY - - LAW RESIDENT ATTORNEY ROY H. BRAY P. O. BOX 2075 - 1100 EAST HOLCOMBE BLVD. THE PRUDENTIAL. INSURANCE ASSISTANT RESIDENT ATTORNEY HOUSTON, TEXAS COMPANY OF AMERICA 4 TELEPHONE. JACKSON 0 HOUSTON MORTGAGE LOAN OFFICE June 27, 1956 Mr. Cecil B. Ryan 1302 Milner College Station, Texas Loan No. 637 7014 Name: Address: Dear Mr. Ryan: Since this loan has been paid in full, we enclose the following cancelled papers: (x) Release of Deed of Trust (x) Note ( 1 ) Deed of Trust (x) Survey (X) Miscellaneous old papers (x) Hazard Insurance Policy (x) Abstract of Title ( ) Transfer of Lien It is important that you have the insurance agents release our interest in any hazard insurance policies which may be enclosed. The enclosed release should be filed for record in the County Clerk's Office. Sincerely, (Mrs.) P. M. Williamson Legal Department Section Head I#15 Rev. 8 -S5 /VI 1 k r t. r a /e. , . . i /J iX2 :` E �! o I\ _ ,, 01 'L. 4 ; I' -. N \ l e , ;i . a Lci /17wof1 t f c,,41 , c;.. 06 0.1k . , i 4 f Pwia___ c t r iT i! i I 5 4i:Si 4 ta- f; adi I/ \ ro TA. t.::. c.,11 f i c.,,b,c i d 5 ij. - / ' V 2 .:(3 1 N \ ,:e I vI7 1 <-)44 Of r M t:______!, \ 4 cfl. frien 0/ I he 43 's / j�,; , II S b A bS4Ine, VA •1 r �` to Ni t ! fi; I( \ r ks -i-, tk 4 q ........s._______....::..... 4 ..... ,.. . .... , „ c. .... r A bs..,:„.... ..... ,. . ; 6 6 ; i i t, 0 THE STATE OF TEXAS 1 1. '~ COUNTY OF BRAZOS ! I, C. A. Bartholow, a Civil Engineer and Surveyor of more than 35 years experience, address Box 1376, College Station, Texas, hereby certify that this plat and all distances and measurements thereon were made from an actual survey on the ground. Buildings were located on Lot Number Twenty - nine (29) of lock Number Nineteen (19) of the 4th Installment of College Hills Estates Addition to the City of College Station, Brazos County, Texas. This is to certify that this plat is a true representation of the property described above; that no improvement on this property encroaches on adjoin- ing property, nor does any improvement on adjoining property encroach on this property. Property in name of N. Williamson, 402 Milner Avenue, College Station, Texas. WITNESS MY HAND, this the 31st day of December A.D., 1947. (:/Z )2-Xikl Engineer and Surveyor SWORN TO AND SUBSCRIBED BEFORE ME, this the 31st day of December A. .,1947. AI: / i' o ary "a. c min: Brazos Count P116 1 77 0 4 X704 TEXAS FIXED MONTHLY PAYMENT NOTE. S•- - _..__ _ College Station , Texas, January 10 4g For vah}e received, I, we, or either of us, jointly and severally, agree and promise to pay to the order of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA the principal amount of THREE THOUSAND SEVEN HUNDRED AND Nei 100- e - - dollars ($_a 7 00.00 ) FOUR AND ONE-HALF 1, with interest thereon from date at the rate of s � � -"`- '-- -_--•-•--- __._.._ _ �2G.J per cent. per annum payable monthly; the in- terest and principal of this note a able in installments as follows: TEIRTY- -EIGHT AND )7/100 first Dollars on the _._ -day of_. _„ February , 19_4 ��� and the same amount on the..._. = r - day of each month thereafter, with the balance of principal and interest payable on the first, - -- _day of Janu - -•— _ - -- , 19 Each of the said installments shall be applied, first, to the payment of the interest then accrued and due monthly on the unpaid principal balance, and the remainder of each installment shall be applied to the reduction of the unpaid principal. All installments of principal and interest are payable at the Home Office of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, in the city of Newark, New Jersey (or, at its option, after default at its office in Dallas, Texas), in lawful money of the United States of America. If any installment of principal and interest herein provided for is not paid when due, each and every such defaulted install- ment shall bear interest at the rate of eight per centum (8%) per annum from its due date until date of payment. During the existence of any default or delinquency under the terms of this note or under the terms of the First Deed of Trust given to secure this note, the payee or other holder hereof is hereby expressly authorized to apply ali payments made on this note to the payment of such part of any delinquency as it may elect. If default be made in the payment of any installment or installments of principal and interest of this note when due, or in the performance of any of the terms, agreements, covenants or conditions contained in the First Deed of Trust given to secure and which secures the payment hereof, then, or at any time thereafter during the continuance of such default, the entire principal of this note remaining at that time unmatured, together with the then accrued interest thereon, shall, at the election of the legal holder hereof, and without notice of such election and without demand or presentment, become immediately due and payable at the place of payment aforesaid, anything contained herein or in the First Deed of Trust hereinafter described to the contrary notwithstanding, and, as above stated, all unpaid principal and interest after becoming due shall bear interest at the rate of eight per centum (8 %) per annum from due date until date of payment. If this note is placed in the hands of an attorney for collection, or if the same shall be proved, established or collected in any court, we agree to pay a sum equal to ten per centum (10%) of the amount due under the terms of this note and the First Deed of Trust securing it as attoruey's fees. If any default be made as hereinabove set forth, and the payee or ether holder hereof thereupon temporarily waives or fails to exercise its right, perfected and accrued to it because of such default,''+Ep glare the indebtedness hereunder immediately due and payable, it is expressly stipulated and agreed that such waiver of said ri ith respect to any default shall cease and terminate, without notice, at the election of the payee or other holder hereof, and shall n be construed either as extending beyond such election or as extending to any subsequent default. This note represents money this day borrowed by e ndersigned from THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, and the payment of this note and each ins ent t erg ding to its face, tenor and effect, is secured by a first nr , q lien on real property situated in- •...__ -A - - -- -- Cou as is more fully set out in that First Deed of Trust of even date herewith made and executed by the undersigned o PATTII LO , Trustee, and recorded in the deed of trust records of said County. ' The makers and endorsers severally waive presentment, protest and demand, notice of protest, demand and of dishonor and non - payment of this note, and expressly agree that this note, or any payment thereunder, may be extended from time to time without in any way affecting the liability of the makers and endorsers hereof. Privilege is given to make additional payments on the principal of this indebtedness on any date when interest becomes due and payable; provided, however, that such payments shall be for the exact amount of such portion of any consecutive number of the ensuing monthly payments as would be applied to principal if those monthly payments were made when due; and provided further that the amount so paid during any year ending at an , anniversary of the date from which interest accrues hereunder, added to obligatory principal payments falling due within such one year period, shall not exceed one -fifth of the principal sum payable under the terms of this instrument. Additional payments made under the terms of this privilege shall at any time hereafter, upon the written request of the owner of the property securing this indebtedness, be considered as having been made in lieu of future obligatory principal payments to the extent only of the amount of such additional payments. Z. �M ARION N. WILLIAMSON, JR. ONETA J. ti IAMSON Dom 8478-ED , - su bjw -' A -- 1=3 0•"PN c ry ' ., F00 . twipal STATE OF TEXAS, P1E63770 COUNTY OF BRAZOS lan0t l 211 Nen 1p Tbege iprefenm: Whereas, on the 12th day of September , A. D. 19 47 MARION N. WILLIAMSON, JR. AND .FIFE, MONETA J. WILLIAMSON, executed their one note in the amount of $3 payable to the order of BRYAN BUILDING & LOAN ASSOCIATION and secured by a vendor's lien retained in a deed of even date therewith from A.F. Chalk, Jr., to Liarion N. Williamson, Jr. duly recorded in the Deed Records, Brazos County, Texas._ and additionally secured by a deed of trust of even date therewith to Aline Brogdon, Trustee recorded in Vol. 31 , page 197 of the Deed of Trust Records of Brazos County, Texas, on the following described property: Being Lot 29 in Block 19, Fourth Installment of College Hills Estates Subdivision, in the City of College Station, Brazos County, Texas. • Whereas, The Prudential Insurance Company of America is making a loan to MARION N. WILLIAMSON, JR. & WIFE, MONETA J. WILLIAL SONvhereby a principal balance of ;;3700.00 is owing on said note (The sum of $0.00 having been paid said note is hereby released to that extent. but to that extent a nu intorminin- rommuirtim is to be paid out of the proceeds of said loan; Now, Therefore, the undersigned owner and holder of said note for and in consideration of the sums stipulated above to be paid, the receipt of which is hereby acknowledged, has SOLD, TRANSFERRED and CONVEYED, and does hereby SELL, TRANSFER and CONVEY unto the said The Prudential Insurance Company of America the said note and said lien and all other liens and titles held by the undersigned in and to said land. To Have and to Hold the same unto the said The Prudential Insurance Company of America, its successors and assigns forever, but without recourse on the undersigned. Executed this the 4 t'._ day of January , A. D. 19 48. ATTEST: BRYAN BUILDING & LOAN ASSOCIATION _y71 Secretary President SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BRAZOS BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Ivan Langford , President, BRYAN BUILDING & LOAN ASSOCIATION, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow1�e me that he �e�x eecccu th simae ffor he urposes.a d consideratio therein expressed, in the cap 6`IVLrN U1�1 � 11 ' A AN1� S i a At OFF e t is the ail ra on I a o J anu _ D. 19 48 B. H. Dewey, Jr . Notary Public in and for Brazo ' ounty, Texas. COMB 16006 bj MI o gr y a o � x 4 t b a" O cry N ry,- a, , � 4 y 1 r iiill • m O o ,• p b (�„ to Pi I p , - k 1 . +I : .. El ' - ' ta % 4 f L. P. O 1.4% t $ * r c t o , ~h 0 6\ o - 8 -LI .-., (1) 0 ,,,..‘ to r .. ' 6 t 7 1 b '_.±.' l H. H t:,. . ., . . .. „I' y c r' - +'T7 n V ti t ...4 V (r oa "3 P CD ,,, pi r H d nt 'j' -. OD XX?CX w �1 .1 0 1 •Syndaa am' ,,� Sa •suxaj, '�Syunop / / /�' laa10 dluno0 (•s •Z) f AtaKtAs •13 vii t ualliam anogn lsel aua�f pus Sup all nI aoti;o �fui v `�SyunoO plus 30 lanop �flunop all 3o pas agy pue QNVH AIX SS3 JIM • / I0 pans Jo s paaQ jo spaoaaH aqi ut ' ALL , a ad ' - I loA ut S 61 'Q 'V t ,.. 30 Sup eL. , agy uo am papaooaa Sinp sum pus -TAT xoojo,o t c.. is ' Q •19* ' 3o Sup / agl no aafo Sui ur paooaa ao3 PaIr3 sum ‘uoIpapu4offnu ;o alnagtlaaa sl! 1 TI 1110., Jo luauinalsut Oup2aaol alp luq} AiI maD Aaauan I �� JO AZNf100 {( `SVX3Z 30 3ZV S mu •snxay'ifiunop ao3 pun ut oRgnd Sanl°N ('S ''I) 6I 'UN ` JO Ssp all s?ql IOI3,FIO 3O 'IV3S QNV QNVH ART U UNIT NaAIO •li lonalaa oy gsrm you pip aqs pip pus 'passaadxa uraaagy uoilsrapisuoo pun sasodand aql ao3 aims aq. pau2is Si ug[im puq ags yngy paasioap aqs pus 'poop pus los aaq aq oy luaurnaysul goes pa5paimougau pins all 'aqs 'aaq of pauinjdxa Siinj auras aql uinnq pun 'puugsnq aaq 'nog yaudn puu Siinrrd our Sq paupuuxa uaaq 2urnng pins aql jo aJim ' pins all pun 'passaadxa uraaagl uorpiapisuoo puu sasodand all ao3 auras alp palnoaxa gosa Aagy yell our oy papalmougos pus 'yuatanaysur 8uroaao3 aql of paquosgns are saursu asogm suosaad agl aq of am of umouai qwq 'a3Tm sig ' pus parnaddu Aijuuosaad Sup sill uo 'alnls pus Sluno3 piss ao3 pus ur oggna SasyoN s 'pau2israpun all 'an 3$0335 ( 30 AZNf100 4�+lr+�+�4��d ' svxa,L 30 asvzs am ,LIsI1I\IDQ3'IMONYIOV ZNIOr Bryan Building and Loan Associati 377 ' • FIRST MORTGAGE REAL ESTATE NOTE j ' . I. Principal and Interest _ _ $ 35. 1;3,750.00 Taxes and Insurance _ _ _ $— 2.5 Total Monthly Payments _ $ 3 7.50 BRYAN, TEXAS, September 12 1947 As hereinafter provided, t, or we promise to pay to the order of BRYAN BUILDING AND LOAN ASSOCIATION, at its office in Bryan, Texas, for value received, the sum of - - - - THREE THOUSND SEVEN HUNDRED FIFTY & N0 /100 - - - DOLLARS lawful money of the United States of America, with interest from date until maturity at the rate of per cent per annum, interest payable monthly as it accrues. This note shall be due and payable in monthly installments of $ 35 . 00 each on the 10th day of each month hereafter until fully paid. In addition to the payments on this note, the makers 50 hereof agree to pay to said Association on the 10th day of each month hereafter the sum of $ • • which sum shall be credited to a special account, an d taxes against the hereinafter described property and premiums for insurance contract for shall be charged against said account when paid by the As- sociation. The makers hereof agree to pay any deficiency in said account when Galled upon to do so, and the Association agrees that upon full payment of th is note, the excess in said account, if any, shall be returned to 'the owners of said property. Any cony eyance of said property shall serve as a transfer of said tax and insurance account without further act on the part of the property owners. Annual adjust- ment may be made at the option of the makers hereof based on 1/12 of accrued taxes and insurance for the previous year. Payments hereon as made shall be applied first to the payment of said installment on taxes and insurance, then to interest due, and th e balance, if any, shall be applied to the principal. It is agreed that all past due principal and interest shall bear interest at the rate of ten per cent per annum from date it is due until paid. The holder of this note shall have no power to collect interest in excess of ten per cent per annum on the amount lent. It is especially agreed that if default shall be made in the payment' of any installment of princi- pal and interest due hereon or of any installment of or deficiency in taxes and insurance, and either such installments or said deficiency shall remain in default more than two months after due, then at the option of the legal holder hereof, the unpaid principal of this note shall at once become due and pay- able and shall bear interest at the rate of ten per cent per annum from the date of such default. It is further agreed that if this note shall be placed in the hands of an attorney for collection after maturity, or for the purpose of being sued upon or established in any manner in any court, then in either of said events the maker or markers hereof promise to pay an additional sum of ten per cent upon the amount of principal and interest of this note then unpaid as an attorney's fee. This note is secured by a deed of trust of even date herewith executed and delivered by the un- dersigned to ALINE BROGDON _, Trust'ee, and by certain liens this day renewed and extended, fully described in a renewal and extension agreement contained in said deed of trust, said liens and deed of trust covering the following described property and all improvements thereon, to-wit: Lot 29 in Block 19, Fourth Installment of College Hills Estates Subdivision in the City of College Station, Brazos County, Texas; and being the same property conveyed to A. F. Chalk by W. W. Armistead, et ux, by deed dated August 1, 1942, and recorded in Volume 110, page 502, Deed Records of Brazos County, Texas. This note constitutes the vendor's lien note for part of the purchase price of the above described property as set out in deed of even date herewith wherein said property was conveyed to us by A. F. Chalk, et ux, and the vendor's lien is retained herein as well as in said deed until the entire principal sum, together with interest thereon is fully paid. It is agreed and understood that the holder her eof is expressly subrogated to all rights, powers, liens and equities of the holder of any original lien, power or equity, securing the payment of any in- debtedness hereby renewed, refunded or extended, to secure the payment of this note. The undersigned represent that the amounts renewed and extended in said deed of trust are due and unpaid and are secured by valid liens upon the property herein described, and it is agreed that t'he amount of debt as herein fixed is correct, and that in consideration of the making of this loan at a re- duced interest rate and /or in more favorable terms than the pre - existing indebtedness, the undersign- ed hereby release the present holder and all previous holders of said indebtedness from, any and all claims for any offset, credit or charge of whatsoever character not heretofore allowed, and from any and all claims arising out of any usurious feature of, or usurious payment on, said debt, and the un- dersigned represent that the consideration mentioned in this paragraph is greater in value that the claims herein released, if any. This note or any part thereof may be repaid a t any time after three months have elapsed from the date hereof, provided the makers hereof shall pay in addition to the principal, the interest accrued hereon at the time of such repayment, and all sums advanced by the Association for taxes, assess- ments or insurance premium, with interest thereon, and in addition thereto, interest on the princi- pal repaid for a period of three months after the date repayment. 4411/..te-yyt-ir A D t U LOAN N NO. 7 /� 0 0 4 ( -- voutt4-( P P-t-4-<-1---t-r -- fri-L4, 1,A - (1..t,_.1 A -PAAA-"-- . 0.-0.__A----1/4.A.__ I , L T il/ r) / / -,, A I 4 , / 1 � � 0 f r o)-� t t i 0 • e 1 a 7 ', " ' ' %. 40 3, / / , x -44 iL0 4 ' ,_ 4 e, _, 11, , bi , A . _ - /, _ , ____ f I tougn ---,,,i< 4, ° tl P 2 - -c, i hi-0 THE STATE OF TEXAS, l KNOW ALL MEN BY THESE PRESENTS: Pi637 • 0 ` COUNTY OP BRAZOS JR • That tip, MARION N. WILLIAMSON /AND WIFE, MONETA J. WILLIAMSSON � M of the County of Brazos, and State of Texas, hereinafter called Grantors, whether one or more, BEING JUSTLY INDEBTED TO BRYAN BUILDING AND LOAN ASSOCIATION, a corporation, domiciled at Bryan, Brazos County, Texas, hereinafter called Third Party, in the sum of -- - - THREE THOUSAND SEVEN . HUNDRED FIFTY & N0f 100 - - — DOLLARS, evidenced by one certain promissory note of even date herewith, executed by Grantors, payable to the order of said Association, bearing interest from date until maturity at the rate therein provided, interest payable monthly, said note being payable out of a total monthly payment of $ 37 • 50 to be made by Grantors to third party on the 10th day of each month here- after until fully paid, said total monthly payment to be applied first to the payment of the sum of $ 2 .5 0 on the 10th day of each month hereafter into a "taxes and insurance account" and the balance to be applied toward payment of a monthly installment of $ 35 • upon said note, said installment to be applied first to the interest due and then to principal, all of said payments being payable at the office of said Association in Bryan, Texas, all past due principal end interest bearing interest from maturity thereof until paid at the rate of ten per cent per annum, and with ten per cent addi- tional 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 court, and providing for maturity of the entire balance then unpaid at the option of the holder in event of default for more than two months in the payment of any installment 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 considerations in hand paid by ALINE BROGDON second party, hereinafter called Trustee, the receipt of which is hereby acknowledged and confessed, HAVE GRANTED, BARGAINED, SOLD AND CONVEYED, and by these presents do grant bargain, sell alien, convey and confirm unto the said Trustee, and also to the Substitute Trustee, as hereinafter provided all of the following described property, together with all improvements thereon, or hereafter placed thereon, as well as all bet- terments or addition thereto, and all and singular the rights and appurtenances to the same belonging or in anywise incident or appertaining: Lot 29 in Block 19, Fourth Installment of College Hills Estates Subdivision, in the City of College Station, Brazos County, Texas; and being the same property conveyed to A. F. Chalk by W. W. Armistead, et ux, by deed dated August 1, 1942, and recorded in Volume 110, page 502, Deed Records of Brazos County, Texas. (1) .. •A;aadoad pres so He Aq paanaas s! gait& ;zed aq; o; uaq} put 'A ;aadoad pagtaasap anogE aq; so Iis Act paanaas qou sr gafgm ;oaaaq; Saud am. o; ;sat; patidds aq Hugs uati Act paanaas ;qap alp uodn s ;uauzAed 'A ;aadoad pagtaasap anogs aq; jo Iiu aanoo ;ou saop ;qap piss ;o ;asd s 2utanaas uali ag; wane uI •plod AHns st suits atI; it ;un uati Aq paanaas ;ou purl aq; o; ;sat; pagdds aq iisgs soaaag; igdpu td aq; uo s ;uaumAsd `A;.tadoad pres uodn uegi s Aq paanaas ;ou sr a ;ou pins Act paauaptna ;qap Dip so igdputad eq; so ;asd E zuana uj •;uatuked Bans so aouaprna sE aigrssruzps aq Hugs a;Eatst ;aaa gans pus `aapunaaaq 2ut ;oE as ;sna; AuE ;o a ;aaf;n;.zea ag; Aq pagstigg ;sa AHns eq Hugs saauunpu gans ;o aan;gu pus ;unoute aqy • ;sna; sup; aapun Apatuaa s ;t aaao;ua o; 2umpaaooad pug 'uondo s;i ;E 'eigEAEd pug anp Alaluipatuurt a ;ou plus 2ulagpap uuoas A;,zud pup ;uanaad ;ou Hutis uof ;aE gans ;nq `Agaaaq paanaas a ;ou aq; jo Isdtoulad a n o; papps aq Aura Aland palsy ;< not ;do ag; ;E ao 'sao;uga0 oq 2ul2uoiaq spugq sqr ut spurts Aug woe; pa ;anpap aq Amu gdua2oand stq; q ;mm aaugpaoaao ut A;aud pafg; Act paousnpu s;unottE Iuuomppu Aire ;ego paaa2n pug poo ;saapun Aissaadxa sf ;j •A ;asd pale; so aan; ;o aq; ;E aiquAsd aq Hugs uoaaaq; ;saga ;uu puE igdpufad q ;oq pug 'mud 'pun ;oaaaq; 'unseat so a ;sp aq; woes utnuug aad uin;uaa aad ua; jo a;na ag; ;n ;saga ;ut asaq Iings sseupa;gepur gans ire puE 'Agri o; aaa2g sao ;una0 sums gatgm so Hg 'sasuuuaad pa2e24aouz plus o; anti aq; 2utpuasap ut annul Amu ssaupa;gepul pres ;o aapioq eg; galgm sass s,Aauao; ;g 2utpn'aur sasuadxa aigguosoaa Aug se Ham se assgaand Aq 2utpn'auj 'aslau ao anaaae Amu ssaupa;gaput piss aannos aanaosWgm utoas ao aanamoq 'A;aud patq; o; pa;gaput auzoaaq ao amo `aa;suaaaq sawn; ao sun; Aug qE ao 'mot AEtu 'uzaq; ;o Aug ao 'sao ;una0 plus aq; gatgm aanaos ;Egm ssaupaggapui amp) Aug jo ;uauzAEd aq; jo ;uamaaaojua pug 2uranaas aq; nos apum sr ;sna; so paap stq; ;uq; poo ;saapun aaq ;an; sl ;t put :;sna; ;o paap siq; Aq paanaas pusgs fags pug aq bugs Pus 'uznuuE aad um ;ueo aad ua; jo at aq; ;s ;oaaaq; ;uatuked aq; 'gun apouz seam aures uagm sa;sp aq; uuoa; ;saaa;ul stag 'puuutap gnoq ;fm 'Ala;slpauttn aiquAEd eq Bugs mud os s ;unoutu ire pug 'aauoans -ut gans utu;utum plug ;no smug ao 's ;uauzssassu ao saxs; Bons Aug And 'os op o; paambaa 2utaq ;nog;tm 'km Aland papgy •iudpulad aq; o; uaq; puE anp ;saga ;ur o; ;sa1j patiddE aq Hugs ;uatuked Aigquouz iE ;o; aq; ;o aausigq aqy •sea -UAW A ;aadoad aq; jo ;and eq; uo ;as aaq ;an; ;noq;tm ;unoaas aausansuf pug saxs; plus jo aassuga; g so anaas Bugs A ;aadoad plus Jo aaugAanuoa Auk •A;aadoad pigs jo saaumo aq; o; pauangaa aq Hugs `Aug ;r ';zEa ;uoa piss ur ssaaxa aq; ' ;r anp s ;unouzg IIE 3 ;uauiAEd Hns uodn Imp saaa2E A ;asd patty •puguzap uo ;unoaau plus ut Aauapt ;ap agq Asd o; aaa2s sao ;una0 'aiquAod pus sup autoaaq Hulls emus aq; uagm suznruzaad aougansut put save; Agri 0; ;ualarssns eq qou Hugs ;un000u plus o; pa ;Ipaaa ;unouzu ag; ;wane a •A;,ted parq; Aq mud uagm ;unoaas plus 4sure2s pe2aEga eq Hugs 'aausansur a ;ti• 2urpnpur '.zoj pa ;aoa ;uoa aauEansui nos suznruzaad pus A ;aadoad Pegs uodn saxs; put `sao;usa0 so auzgu eq; ut „; unoaao aaugansut pug saxs;„ ;o ;!pass all; o; aa4se -asaq gquout gaga jo Aup ;sat; aq; uo pat ;toads anogE was at;; so ;uatuAEd all; o; ;sat; paliddu aq Hogs pauot ;uauz °nogg ;uauz -Aud Aiq ;uour isgo; aqy :smoiio; su dn ;as „ ;unoaas aousar.sui pug sax84„ E ut Aauatausap Aug puumap uodn Km! oy •OT •aiquAsd put anp Aia ;ufpauzun Agaaaq paanaas ssaupa;gapul aq; arepap not ;do s ;t ;s Amu A ;asd pelt; 'pa ;n ;r ;sur aq pup Aug jo uati aorunf ao pnoaas Awe aapun aius ao 's2utpaaooad aansoioaao; ;t ;sly •g •ssaupa ;gapuu pass jo Indpulad aq; uodn panpaaa os tuns alp Aidds o; pug `Agaaaq paanaas ssaupa;gaput all; uo ptudun uaq; ;unoutu aq; o; dn 'A ;asd parq; o; plod aq sastuuaad 'pigs o; sa2sump JO jo 2upei mg. nos papasmu sa2utuEp Iis ;gq; aambaa o; 'uotdo s ;t ;u ' 4421a all; snag "ells Axed pafq; 'ureuzop ;uauruza jo aamod all; sap - un asn atignd ao; tams; put pautumpuoa aq Hugs ' ;oaaaq; gaud Atte .10 'anogE pagtaasap sasnuuaad . q; ;uana all; ur ;sly •g •a;ou plus jo quatuAnd auznsso aassgaand aq; 2umnog gnoqqrm A ;aadoad pros- Aanuoo o; qoN •1, •sasztuaad plus uopuugg o; qoN •9 •sao ;uEaf Aq pred xu; Aug ao; not ;anpap ;noq;rm a ;ou pres Surf o; puz (xel auuoaut ;uasaad uug; aaq ;o) ;oaaaq; aapioq all; moo; a;ou pros uo pa ;aalioa ;uatussassu ao xu; at pads Atm And oy •g •A;aod pelt; o; aosaaaq; sgdlaaaa !slat ;so all; aanriap Ai ;duzoad o; put aigmAsd autoaaq sluts all; so sastuzaad pigs ;sulu211 parnai sa2auga Isquatuuaano2 aaq ;o put sa ;ua as ;um 's;uatlssawsn `saxs; "g And oy •i, ;inu;aii ur st ssaupa;gmput plus aqq aag ;slim so Aianl ;oadsaaar 'pe2guzu' ao paLoa ;sap s ;uauuanoaduu all; 2utaredaa ao 2upuidaa ur papuadxa aq 'A ;aid patty so uof ;do all; ;o Sem ao 'uoaaaq; pagipaaa aq Asuu sapHod aauansur gans Situ aapun ssaupa;gaput plus ;o aapioq Jaw A;.tnd patty Aq pa ;oaiioo spun; Auk ssaupa u - ;gapuf plus so aapioq aaq ;o ao 'A ;asd patgq 0; 'ua; ;tam sE uoos se aaUEansur ;o sapuiod a0 A5Hod all; aanriap o; puE `.ssaupa ;qap - ur plus ;o aapioq aaq ;o ao 'A land pafq; o; aigsAud ' (uu st 'ssoI grim 'su2tssu ao saossaaans s ;r 'A;aud pafq; sq panoadds satued -uzoa ao Auuduzoa aounansul uE q;Im quo umzis; eq 0; aaugansuf piss so jiB :paambaa aq Hulls aaugansut opEUao; ou asno gatgm ut 'ssaupa3gaput plus ;o ;unoure alp usq; aa4u8a2 woo aad A; ;l; usq; aaom aq Hags s ;uauuanoadun ;nog;Im puui all; 30 anion ag; ssaiun 'pug' piss uo s ;uauzanoadun all; so anien aigsuossaa all; ;o ;Igo ugg; ssai ;ou ;unouz8 WO 0; uzao3spulm ao opUU.za; Aq ssoI ;sulg2o puE `.s ;uautanoadun pins jo anien a'gsuossaa aq; usq; ssai ;ou ;unouuu ug o; 'ssaupa ;gapuf alp 30 ;unoure all; urgq ssai aq Hugs s ;ueuzanoadurt gans so anion aigouoseaa all; ;l 'ao ' ;sna; so paap sup Aq paanaas ssaupa;gaput all; ;o ;unoure all; usq; ssai ;ou ;unoure uu o; 'ant; Aq a2sump ao ssoI 4sure2E pug' plus uo s ;uautanoadun all; paansur daeai pus eat oy •g •paaludtur aq Amu sastutaad pagtaasap -anogs all; so anien ati; gaugm Aq ;au ou op o; Allgaaua2 put Alaadoad plus uo ovum ou ;pr-zed o; put atudaa pug not ;Ip - uoa pool ut 'uoaaaq; ;nd aa;;saaaq ao sastuzaad piss all; uo mou s ;uetuanoadun aaq ;o puE s2utppnq 'saaua; Hs dam oy •3 •aiquAEd pug anp atuoaaq autos ag; sE Al;duzoad uoaaaq; ;saga ;ut tit puE ssaupa ;gapuf plus pus .103 paptnoad utaaaq S;uatuAEd Aiq;uouu all; Asd oy i :saniasuzaq; putq puE aaa2e Agaaaq op sao ;uua0 a ;ou plus 30 ;uatuAsd all; ;0 2uranaas am ; ;aq all; 10d • ;sna; sup 3n ;Isauaq ag; o; aanur Hugs su2tssn afag; ao uzag; ;o aaq ;ra ao sao ;usa0 Aq paafnbae aa;sgaaaq pagtaasap ufaaaq spur' all; o; apt; Auy •suosaad 'Is ;o spuut tap pug sunuia insmui all; 4sure2u 'su2tsss pug saossaaans slq 'aa ;snay plus all; own soaaag; ;asd Aug ao awes aq4 o; aim all; QNaaaa 2IHAH410d QNV ZNV IIIVM Iltm Pug `s ;uamanoadun pus pug' pagtaasap anogs alp uo uat' amid pug ;sat; s Aq paanaas st 'A ;anaas 'suot;rppu ss uant2 st ;sna; ;o paap stq; gatgm .103 sseupa;gapul all; 4811; 'saossaaans stq pus aa;snay plus all; q;tm ;usuanoa Agaaaq op sao4uga0 pigs all; pub* •211u - 2uoiaq astmAue ut o ;asaq; saaugua;anddu pug s ;g2ta all; auin2uts pus Hs q ;mm aaq4e2o; 'sasluuaad pus A;.zadoad pagtaasap -anoqu ag; ` aanaoo; su2ISse pug saossaaans (aaq .10) sp.! 0; pug 'aa ;snay pigs all; (aaq ao) tutu own Q'IOH 0Z INV aAVH 01 •pHsn aaa suaq pres ;ell; a2pa'moualau Alssaadxa sao; - uga0 pug a ;ou pagtaasap anogE ag; nos A;tanaas se wasp pug aaaos Iin; of anut ;uoa Hugs suet' ;Eq; pug papua ;xa putt pamauaa i Agaaag sa;ou IEU!2rao pugs so saapioq aq; 30 a "u; pus suet' 's ;g2ta Hu 0; pa ;E2oagns aq Bugs A;aud pafq; ;m; paaa2g sr si •(aaq ao tap() o; pansst a ;ear ;f; - aaa aiao ;s Aq umogs su 'uso' stq; nos A ;tanaas sg upaaq papal(' osie sl aasgs plus 'ufaaaq; aiao ;s uof ;anpaa A'q ;uouz jo aaggs auo sumo pug not ;Etaossy pros 30 aagtuauz a sr • , IJ ' UOSUT T TT TM • N UO T.1431) j piss a l wets A . •plod 'STTnJ st uoaaauq 4SOJG UT q' M aauga2Oi. 'ums TodTouTad aaTqua am. TT'.un paap pTes UT so TTa "+t Se ut9aa!_T pauTnO.a.z sT uaTT s l aopuaA aaq. pup 'gn qa 4 =fTo49 uTTunaJ paJJTV sn o� paicaAuoo Sem £Oaadoad pees tITaaauM u4Tmoaau aq.ep uana Jo paap pros •pamauaa pug papua;xa ufaaaq se ;daaxa suaii isuf2czo atf safedun ao s ;aa; ;e awe ou ut ;sna; ;o paap stq; pug paap B of Uonepossy ppts o; pau2tsstt pug paaaassusa; uaaq seq galgm 'awes 2uranaas uati pug a ;ou traI T s z UOV17r511 g so uofsua ;xa us pug 'smauaa E st J f IJ, ao aaaa sma, • ' 0 NOW SHOULD Grantors make prompt payment of, said indebtedness and all interest due thereon, and other sums se- cured by this deed of trust, as the same shall become due and payable, and strictly comply with all the conditions and re- quirements provided, then this conveyance shall become null and void and of no further force or effect, and shall be released at the cost'nd expense of Grantors. But in case default is made in the payment of any installment of taxes and insurance herein provided for- or in the pay ment of any installment of principal and interest due on said note, and such default continue for a period of two months, or should Grantors in any respect fail to keep and perform any one or more of the agreements herein provided to be kept and performed by Grantors, or should it be discovered, after the execution and delivery 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 home- stead 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 happening of any such contingencies, the whole amount of said indebt- edness remaining unpaid shall, at the option of third party, or other holder of said indebtedness or any part thereof, imme- diately mature . and become payable, and it shall thereon, or at anytime thereafter, the same, or any part thereof remaining un- paid, be the duty of the Trustee herein, and of his successor or substitute as hereinafter provided, on the request of third party, or other holder of said indebtedness or any part thereof, (which request is hereby presumed) to enforce this trust and after advertising the time, place and terms of the sale of all the above conveyed and described property for three consecutive weeks next before the date of sale, by posting or causing to be posted, written notices thereof at three public places in each county where said real estate is situated, one of which shall be at the Court House door of each county, to sell the same in ac- cordance with such advertising, at public auction in front of the Court House of the County in which said property or a part thereof is located, on the first Tuesday in any month, between the hours of 10 o'clock a. m. and 4 o'clock p. m., to the highest bidder for cash, selling all the property above conveyed as an entirety or in parcels, as the Trustee acting may elect (all rights to a marshalling of security being hereby expressly waived), and make due conveyance to the purchaser or purchasers, with general warranty, binding Grantors herein, and their heirs, executors and administrators; and out of the money arising from such sale, the Trustee acting shall pay, first all the expenses of advertising, sale and conveyance, including a commission of ten per cent to himself; and then to third party, or other holder thereof, the full amount of principal and interest due and unpaid on said indebtedness as hereinbefore set forth together with attorney's fees thereon as is provided in said note, render- ing the balance of the purchase money, if any, to Grantors, their heirs and assigns; and said sale shall forever be a perpetual bar against Grantors, their heirs, assigns and all other persons claiming under any of them. It is expressly agreed that the recitals in the conveyance to the purchaser shall be full evidence of the truth of the matters therein stated, and all prerequi- sites to said sale be presumed to have been performed, and said sale regularly and legally made. Third party or other holder under it shall have equal right to become the purchaser at such sale, being the highest bidder. Notwithstanding anything to the contrary contained herein or in said note, third party shall have no power to collect. from Grantors interest on the amount loaned in excess of ten percent per annum, and payment of said maximum amount of interest shall discharge all obligations of Grantors for payment of interest. This deed of trust shall not be impaired by and shall not impair any other security heretofore, now or hereafter taken to secure payment of the debt secured hereby. It is agreed that the liens securing said debt and any renewal or extension there- of and any power of sale which may hereafter be given to secure the same shall be prior and superior in all things to the rights of Grantors and all persons claiming under them. In event title to said property passes from Grantors to some other person, third party may renew and extend said note with said other person without notice to Grantors and without impairing Grantors' personal liability on said note. Grantors hereby assign to said Association any and all rents on the premises herein described and authorize said Asso- ciation to take 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 col- lection and administration and to apply the remainder of such rents on the debt hereby secured. In the event of a foreclosure under the power granted hereby, Grantors and their tenants and /or assigns in possession of said property shall thereupon be- come the tenants at will of the purchaser at such foreclosure sale and shall become liable for and obligated to pay such pur- chaser a reasonable weekly rental therefor, and should such tenant refuse to surrender possession of such property upon de- mand the purchaser shall thereupon be entitled to maintain the statutory action of forcible detainer and procure a writ of res- titution 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 detainer, 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 absence or death of the Trustee herein named, or his or her inability, refusal or failure to act, a successor and substitute may be named, constituted and appointed by third party, or other holder of said indebtedness, without other for- mality than an appointment and designation in writing; and this conveyance shall vest in him, as Trustee, the estate and title in all said premises, and he shall thereupon hold, possess and execute all the title, rights, powers and duties herein conferred on said Trustee named, and his conveyance to the purchaser shall be equally valid and effective; and right to appoint a suc- cessor or Substitute Trustee shall exist as often as and 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 succeed to all the rights, powers and duties here- in conferred on the Trustee named herein. Executed this 1 2 day of S Q t er?b er A. D. 19_ 47 0214, . 76 ,_ c (:-/- - . .. S ;ndaQ - ---- / B8 ' sexay 'Awn. 'i �• "- .:.i' - mop S ;un xaaL9 "ua; ;tat aeoqu aea"f pus Lisp aq; `sexay ZILsl` XT ut aat; ;o Situ ;e "S;uno pies ;o lino° £f;uno0 alp jo teas pus pueq Suz ssau ;tom . - G i, fi - a.ud uo 'tE atunioA ut '2S4uno0 pies ;o spaoaag 1 J - - 01 14 III "141 . $)iaop,o -- - E % ITT° ‘ ' .q. ;o Sup - -- z- aq; uo papaoaaa Binp pus ' ' 1 § :t lg ` � .1 f - 6i - .f{er ;o dup - - - -aq3 uo a3t3jo "cut ut Patl3 pus aux g3tt pa;isodap set 'uo13sat3uatone jo sa3ragpaaa s ;t g ;it `L1 - - '6T -0 d g jo Sup-- _-- Z1 - - -aq; pap '2ut31ae& jo ;uatunagsul 2u4o2aao; aq; amp. £ji iaa Sgaaag op 'sexay 'S;unoo - soFzral ; o 4ano0 £f 4uno0 aq; jo Naaio SOZviia JO £LMI10O ilax� - $ - ~7 '1 ` ,30 a,LVLS HHS oy cn to z a" CC rc' O ea .21 c .._ ,.. E 1 8 X rri � ° 1 "� `' H z ° `�° > m t� . O z yz _ 0 o › •z g r Z C) y o 5 En el: 10 z d g z n .z I!Vt ,,,, L\ ul • O I t I I ,,,se. D y z LT1 y z _ 0 ,I" %' z , y , . 0 i a� "sexay `S;unop sy*/ `alignd Sae;oN - tl001V1.00 - -, - - - - 4 6 aaQura4Tag de; "Cup - stg; `aat; ;o ;o teas pus pusq Sax aapun uaei0 i "3t ;aua;aa o; list& ;ou pip ags leg; pug 'passaadxa utaaag; uot;saapisuoa pue sasodand ag; .zoj autos alp pau.is SI$ttliilA Puq ags paaupap pun 'paap pun Sae aag aq o} ;uauzna ;sut plus pa2paitouzpe AOSUIaT • j' 134 aAO?" - pies aq3 'alp 'Jag o3 pautuidxa Aim ems, aq; 8uttt q puu , pusq -sng plus aag uzoa; ;audu puu "twilit' am Sq pauluzexa uaaq 2uteuq pug ';uauzna;sut 2uto8aao; aq; o; pagtaasgns st atuuu esogt uosaad aq; aq o; auu o; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------- ------- Jr •N - - -- paaeadde Siisuosaad Sup sign uo 'S;taoq ;nu pau8isaapun eq; 'auz aao;aa J `S 7� ,30 A.LNf10O VXay dO a,LVLS aH,L •sexay 'S;uno0 sozeaa `atignd "Cat-40N s i ' .,. A/ /, -- -- - - 6i ;o Sup- - - �- - - - - stq; `ant ;3o ;o teas us u Aux as z�Y .zaqura�.dag I` P P eq un uan.i.O p "passaadxa utaaaq; not ;saapisuoa putt sasodand aq; ao; mulls aq; pa;naexa ell ;sq; auz o; Paapainaotupu aq pug ` ;uauzua;sut SutoZaza; aqq o; paquns s T aweu aeoq--- -uoruad- alp aq o; azu o; unsouai • .z j' ti0 SIITB - - - - - -- --------- - - - - -- SOZV$ ,d,© Allsin00 pairedds Liisuosaad Sep stq; uo 'S ;uog ;nu paueisaepun eq; 'euz- aao;ag I t 7 OL t- P.I.C. No. 637 7014 • TEXAS RELEASE STATE OF TEXAS Know All Men by These Presents: COUNTY OF HARRIS That in consideration of the payment of a note for ____THREE THOUSAND SEVEN HUNDRED AND N0 /100 – – – – – – – – U34300,00) Dollars, described in a deed of trust executed by rIARION N WILLIAMSON JR. and wife MONETA J. WILLIAMSON to_____ T. B. PATTILLO Trustee, for the benefit of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, recorded in Vol. _35 , Page 76 , of Deed of Trust Records of BRAZOS County, Texas, refer- ence to which is here made for a full description of the land therein conveyed and the said note, THE PRU- DENTIAL INSURANCE COMPANY OF AMERICA, owner and holder thereof, does hereby release said deed of trust and all other liens securing said note. IN WITNESS WHEREOF, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, aforesaid, has hereunto caused its name to be signed and its corporate seal affixed this 2 lid day of dune . THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, By. ,# 46a7 Carl L. Matthews Vice President. PROVED ATTEST: Edg, B. Crutchfield Assistant, y etary. STATE OF TEXAS 33.: COUNTY OF HARRIS 1 1 BEFORE ME, the undersigned authority, a Notary Public, in and for the State of Texas, on this day personally appeared Ca El_ _I:.__Matt/iewc , Vice President of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of The Prudential Insurance Com- pany of America aforesaid, a corporation, and that he executed the same as the act of said corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 22nd day of June A. D., 19__56___. N y P tic in and for Harris County, Texas. WINBURN NOTARY PUJLI - HARRIS COUNTY, TEXAS MY COMMISSION EXPIRES JUNE 1, 1967 , - 5 1-3 [ .i. ' 0 - ' 1 - - 1\1. o ■-zi . ... ..., l•C X 4-- @ tb (‘) -(-. o 1. to S * 1 M A. . 0 t-' -, (: 1 1_ ..> E a) i- n P> 5:1 til t'll till P;31" CA -- 3 1 . r " "N (k. .t• , (-) tt n P 3 .k i fiptd2a :ma j 'filunoo /2: 0 :1 fi7uno0 NV ICIXS •uall!zsi anocp 4sul reaS puu Sup alp - 7 u! aamo Sat p ‘Siunop plus Jo iinop Siunop p aiii. Jo pas al puu a.t47=A1 1.7,7 •Si.unop pus Jo Jo sp.maall arp. u! ' //,--- aucl76.1.. 1°A tr1 '-'-'"" 6I a 'V Jo Sup a 4 uoc5ia Sq papaoaa.T Sinp sum puu it acqaV Iv '9 61 "(I 'V 1%741--12- Jo Sup A' -' da uo a3TO Aui u! Napa.' Joj 15alu sum 'U0!pa!utipu Jo apa ., D S2I !pp& '2uRIam Jo luaturt.nsu! 2up2aioj atn 4uti4 .a.,nraap aciauaH 1 I do 2.LtsmoD svxaj, 40 axv.is aril, C STANDARD SALE CONTRACT )Martin Statinnary Co„ Dallsus, T.' Irma THE STATE OF TEXAS, BY THIS AGREEMENT AND CONTRACT, COUNTY OF Parties hereinafter called Seller, acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto , hereinafter called Purchaser, the following described property: Lying and situated in Properties the purchase price is $ , payable as follows: $ Cash (of which Purchaser has deposited with the undersigned Agent as part payment, receipt of which is hereby acknowledged by said Agent) : Terms The said executed note to be secured by Vendor's Lien and Deed of Trust with power of sale and with the usual covenants as to taxes, insurance, and default. Seller agrees to furnish to said property, which shall be conveyed free and clear of any and all encumbrances except those named herein. Title If abstract is furnished, Purchaser agrees, within ten days from the receipt of said abstract either to accept the title as shown by said abstract or to return it to the undersigned Agent with the written objections to the title. If said abstract is not returned to the Agent with the written objections noted within the time specified, it shall be construed as an acceptance of said title. If title policy is fur- nished, Purchaser agrees to consummate the sale within ten days from date title company approves title. If any title objections are made, then the Seller or his Agent shall have a reasonable time to cure said objections and show good and marketable title. In the event of failure to furnish good and market- able title, the purchase money hereby receipted for is to be returned to Purchaser upon the cancellation and return of this contract, or Purchaser may enforce specific performance of same. Seller agrees when the title objections have been cured, to deliver a good and sufficient General Closing i Warranty Deed properly conveying said property to said Purchaser, and Purchaser agrees, when said deed is presented, to pay the balance of the cash payment and execute the note and Deed of Trust herein provided for. Should the Purchaser fail to consummate this contract as specified for any reason, except title defects, Seller shall have the right to retain said cash deposits as liquidated damages for the breach of this contract, and shall pay to Agent therefrom the sum of $ or Seller may Taxes enfor specific performance of this contract. Taxes for the current year, and current rents, insurance, and interest, (if any), are to be prorated to date of closing. Seller agrees to pay the undersigned duly authorized agent a commission of $ in cash for negotiating this sale. Special Conditions • Executed in triplicate this day of 19 This contract subject to the acceptance of Seller Accepted: Seller. By Purchaser.. Agent for_ H Ea ro ao o m m C7 � a � y d! o O 1. u- (•S •'I) 61 •a •y ` jo Lup SILIL `30I330 30 'IV3S aMY' .2LI4i liacusui N3AI0 Ip lasalaa of lisp& lou plp aus lug; pus 'passaadxa ulaaagl uoplsaapisuoa puu sasodand aql aoj autos alp pau2ps Li2uliil& pug ags Isul paaspap aus pus 'paap pus aag aq of luautnaisup cans paapai &otqau plus aql 'egg 'aau of pauluidxa Lain; emus agl 2upnsq pus 'pusgsng aaq utoal lauds pus Ailnlad aut Bq pauputaxa uaaq Sulnuq ' plus alp ;o o & Keg aq3 pus 'passaadxa upaaagl uoplsaaplsuoa puu sasodand alp aoj autos aql palnaaxe goua Lag. Isgl alit of paSpai &ouaiau pus 'luautnalsul 2upo2aaoj alp of paglaasgns eau sautuu asoq& suosaad agl aq of aut of u &ou)i Lloq 'ail& slg pus — paauaddu Jiiuuosaad /Sup sign uo 'suxay 'Aluno0 plus aoj puu up ' `olignd AasloN s 'pau2isaapun aql `3y\i 32io as j 30 1LJ,Nl10D `5VXM1, 40 aivis aHS. suarxoaazAAouxov LNIOf Plt637704 TEXAS DEED OF TRUST STATE OF Tr %AS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: That WE, MARION N. WILLIAMSON, JR. AND WIFE, MONETA J. WILLIAMSON, hereinafter called grantors, in consideration of the sum of One Dollar to them cash in hand paid by T. B. PATTILLO, TRUSTEE, of DALLAS COUNTY, TEXAS, the receipt of which is hereby acknowledged, and in further consideration of the indebtedness hereinafter mentioned and the credit given to them for the payment of the same, have granted, sold and conveyed, and by these presents do grant, sell and convey unto the said T. D. PATTILLO , Trustee, and his successors in the trusts hereinafter set forth, the following described real estate, situated in BRAZOS County, Texas: Being Lot Number Twenty-nine (29) in Block Number Nineteen (19), Fourth Installment of College Hills Estates Subdivision, in the City of College Station, Brazos County, Texas. • TO HAVE AND TO HOLD the above land and premises, together with all and singular the rights, appurtenances and improve- ments now or hereafter in any way appertaining thereto, unto the said T. B. PAT`1'ILLC , Trustee, his successors or substitute, forever. And the said grantors do hereby bind themselves, their heirs, executors or administrators, to warrant and forever defend all and singular the above described land and premises unto the said Trustee, his successors or substitute, against all persons whomsoever claiming or to claim the same or any part thereof. This conveyance is made in trust to secure the payment of a debt of THREE THOUSAND SEVEN HUNDRED AND N0 /100- Dollars ($ 33700.00 payable to the order of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (hereinafter also referred to as the Company), at its Home Office, in Newark, New Jersey (or at its option, after default at its office in Dallas, Texas), as evidenced by a certain promissory note of even date herewith and executed concurrently herewith by grantors, the principal and interest payable on the dates stipulated therein and finally maturing January 1 , 19 58, the principal and interest unpaid after maturity bearing interest at the rate of eight per cent. per annum, payable annually, said note further providing for the payment of attorney's fees in a sum equal to ten per cent. of the amount due thereunder and under the terms of this deed of trust if placed in the hands of an attorney for collection or to be proved, established or collected in any court. •luea aed Ig2io to aqua ern qv uoaregq gseaequj ggrm aegge2o1 1snan to peea slgl jo suo ?s!AOad aqg aepun °pour snueuzagrngslp !je pine Sun 'puetaep uodn `SU2jsse BIT ao Suuduzop egl of Sud oq aaa re Sjssaadxe .Sgeaaq saoluur2 am pure :Sgjanoes eqq jo uoTg11nresaad aedoad agl aol Saressooeu saredea mum Spur su2rsse sqi 10 Sired aqg `SquatTeAOaduIT agq urunulreW Spedoad oq pa'rel OAreq S10IITre12 aqg JOAauaq . !egg :aoleragq sutnrtaead eqq Sred pure u?aaaq pep?AOad Sn SrogUnr2 Sq pap ?AOad qou Ir eauuansul loalla aO 'sujnnulead eoueans r pindan•Suu eOUaApre Sum su2TSsu Sq! ao Saud em quip `.Squoggnre 2Uixel eqq jo sgg2u eqq of JO Tutup ao UaII gons jo aapjoq aqg jo sgg2u egg of S1aA ?IOedsaa pege2oagns eq Hugs su2?ssu sq? ao Suedtuop eqq queutSnd gons uodn pine (Sue Ii 'se2augo amp pine `squetmssassre egva qujj 'gOlrgslp uoilu2uai 2Urpn'OUr) TUOUZSSesse 10 xuI luenbu!lep dine Sred ao sesnuead plus eqg uodn Lapp ao Ual Sine 02a011os!p JO Sed `JOAOOS -I11gm 1142la dine JO JOA ?rem IlOglim pine eoTlou ao puretuep gnogg ?m `uoigdo a ?aqI JO s11 qB `Sntu su2?ssre sq? ao Sired DID TUTU, •g •aanIlrel gons to esnvo eqg jo ssejpare2aa uleaaq aol pap?Aoad OOUreansut Sine gaelloO of aanj?rel eqI roj emell eq qou jIugs Suudurop eqI quip qnq `pun,' p ?rs eqI jo 2uipureq ao uollpel - pp aqI qq ?m uonoeuuOO IT? peaanouj sasuedxe dine taoalaaetI ganpep Sum pine `eangnl eqI Ur eanqutu oI ao peanyetu uagq aaglegm Sgeaeq pampas sseupeggepuj Iredtau ?ad eqI to e2aegoslp eqI oq etures eqI Slddre Sum so SgUetaOAOadiur pies eqI eaolsoa ao pj ?ngea oq ewes eqI esn S11tu `uoigdo s,aapjoq pies ao sq! 411 `pine 'e q d eutooeq Sulu Iregl °ourernsu! y'u pine Sine jo speeooad eqI gaejjoo Surer aapjoq plus ao Suedutop eqg qugq put '010u plus to aapjoq Sure JO Suudumop eqI of pled Sy'nl stunitaaad aqg qq ?m pine penssi sa paaaAjjep S1ldtuoad eq 'jags pure egou pies eqq jo aapjoq Sure ao Suredwop eqI jo aoAre3 u? esnujO e2n2grota aedoad Sarea gulp pure egou plus eqI jo aapjoq Sine ao Suodtuop can Sq penorddu sejundtuoa ut uegq ?am eq jjregs uolgdeaxe gnogq ?m aouuansul jo setO?'od j'n qugl pine `Suudtuop egg Sq pea ?nbaa eq SBUm sre e0unrnsU! to suzaol aeggo gons u? pine ''lug pine Opeuaoq `tuaogspulm `eau Sq ssoj gsure2v spurn! pies aqg uo squeUtenOadtaj pine seangOnals 's2u ?plinq II11 enyeA ejgeansu? 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II • ssxas, c. q.uno0 s0z ag Jo spaooali +sn.z,Z 30 uaaq a�q. Jo 'L6ti eZled ' auntoJ uT pep.xooa.x 'uoTgeToossy ueori auTpTTng ueLxg 3o gTjeuaq aq4 xo,I 'eagsnXL 'NOGOOliS. ZNI1V 04 peuS;_sxapun 9114 fa, pagnoaxa u4tMaaeg4 a4ep U9A9 3o gsnxg Jo peep u Sq pexnoes STTeuoTI.Tppu sT agou 00•05L£$ pagT,zosep anoge soy •qT og paxxajsu2xg uaaq JuTnveu agou pies Jo uosee.x umo qT atgTg xoTxadns Sue anTeat qou saop eoTxauxy Jo Suuduo0 aouvJnsul TeTguepnx3 ouZ 'agou pegTxosap anoge au4 Jo quauiSud et . Jo guauiSed aug o.xnoes oq peep pies uT pauTE4ax uaaq 2uTneu uaTT s l aopuan :peu2Tsxapun aug o4 Sgxadoxd pagTxosap eAoquuTaxaq au4 2uT .Kanu00 '•.If 'xTeu3 •u 'X Sq pagnoaxa ugTM aagq. agep uana do paap u uT pagTxosep STTnj pue qno gas 2uTaq agou PTvs 'NOIZVIDOSSK NVO'I '8 ONIQ'IIIIl mulls 3 o xep.xo au4 og o geed 'Lt16T 'ZT xequza4daS Jo agep xapun pau2Tsxapun aug Sq pagnoaxa ' 00.0LC° Jo wins TedTouTxd TeuTOTxo aqg uT agou Liosspnoxd uregxao ouo qugq uo 2uTuo gsaxaguT panxooe pue TedTouTxd 00 . 00LCS Jo eau rep predun awl. Jo uoTsuagxa pine Teuauax uT ueATJ sT Sgexau pexnaas agou sus per annum from the respective dates of such disbursements and all such disbursements shall become a part of the indebtedness secured hereby, and as between the parties hereto and all others acquiring an interest herein the regularity and validity of all the levies and assessments of taxes entered on the public records shall be conclusively established thereby. 9. That the exercise of any option given under the terms of this Deed of Trust shall not be considered as a waiver of the right to exercise any other option given herein. .10. That in the event the grantors convey their interest in the described premises to parties not appearing in this instrument, the Company may, without notice to the grantors, deal with such successor or successors in interest with reference to this Deed of Trust and the note hereby secured, either by way of forbearance on the part of the Company or extension of the time of payment of the debt or any sum hereby secured, without in any way modifying or affecting the conveyance under this Trust Deed or the original liability of the grantors on the note secured hereby, either in whole or in part. 11. That all payments made on the debt and advancements, if any, hereby secured shall be applied, first, to advancements, if any, in the order of maturity, and second, to that part, if any, loaned in excess of the amount, if any, loaned to renew existing liens, and then to that part, if any, loaned to renew liens now existing. Proceeds from foreclosure sales shall be applied in the same manner. NOW, THEREFORE, it is mutually agreed between the parties hereto, that if the said grantors shall faithfully keep and perform all the covenants and agreements above set forth, and well and truly pay off and discharge the said note and all other principal of said indebtedness or any unpaid balance thereof, and all interest accrued thereon, secured and intended to be secured herein, then and in that case only, this conveyance shall be null and void and shall be released in due form at the expense of the grantors; otherwise it shall remain in full force and effect. But if default be made in the payment of any part of the indebtedness hereby secured, whether principal or interest, when the same becomes due and demandable, or if default be made in any condition, stipulation, agreement or covenant herein contained, then the whole principal balance of the said note may, at the option of the Company or any holder of said note or other indebtedness secured hereby without notice to the said grantors, be declared immediately due and payable, and the said Company or any holder of said note or other indebtedness secured hereby may, at its or said holder's option, institute proceedings respectively for the collection at law or in equity of such amounts as may be then unpaid, or the said Trustee, or his successor or successors hereunder, when so requested by the Company, or any legal holder of the said note, shall take possession of the said property and shall sell or cause the same to be sold, or so much thereof as may seem to him necessary to meet said indebtedness and the expense of executing this trust, at the Court House Door in said County of 3RAZQS , at public auction to the highest bidder, for cash, between the hours of ten o'clock a. m. and four o'clock p. m., on the first Tuesday in any month after default as aforesaid, after having given notice of the time, terms and place of such sale and the property to be sold by written notices thereof posted in three places in said County or in each of said Counties in which the property to be sold is situate, one of which shall be at the Court House Door of said County or each of said Counties in which the property to be sold is situate, for at least twenty -one days prior to the day of sale, and said Trustee shall have the privilege of selling said property together or in lots or parcels, as to him shall seem expedient, and after said sale shall make, execute and deliver to the purchaser or purchasers thereof a good and sufficient deed or deeds to the property so sold, in fee simple, and shall receive the proceeds of such sale. It is agreed that if default be made in the payment of any installment of the note secured by this Deed of Trust, the Company or its assigns shall have the option to proceed with foreclosure in satisfaction of such item either through the Courts or by directing the Trustee or his successors in trust to proceed as if under a full foreclosure, conducting the sale as herein provided, and without declaring the whole debt due, and provided that if sale is made because of default of an installment, or a part of an installment, such sale may be made subject to the unmatured part of the note and debt secured by this Deed of Trust, and it is agreed that such sale, if so made, shall not in any manner affect the unmatured part of the debt secured by this Deed of Trust, but as to such unmatured part this Deed of Trust shall remain in full force and effect just as though no sale had been made under tho provisions of this paragraph. And it is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured part of the debt secured hereby, it being the purpose to provide for a foreclosure and sale of the security for any matured portion of the debt secured hereby without exhausting the power to foreclose and to sell the security for any other part of the debt secured hereby whether matured at the time or subsequently maturing. It is agreed that an assignee holding any installment or installments or part of any installment of the note hereby secured shall have the same powers as are hereby conferred on the Company to proceed with foreclosure on a matured installment or installments, and also to request the Trustee or successors in trust to sell the property herein conveyed; but if an assignee forecloses or causes a sale to be made to satisfy any installment, part of an installment, or installments, then such foreclosure or sale shall be made subject to the unmatured part of the note and the debt secured hereby owned by the Company at the time or assigned subsequently to the assignment of the item to satisfy which the sale is being made. The Trustee or his successor making any such sale shall apply the proceeds thereof as follows: 1. He shall pay the reasonable expense of executing this trust, including a commission of five per cent. to the Trustee or his suc- cessor making the sale. 2. After paying such expense he shall pay so far as will be possible the debt secured hereby, discharging first that portion of said debt arising under the covenants or agreements hereinbefore contained and not evidenced by the note, and discharging next the remainder of the debt in accordance with the provisions of the eleventh covenant set out above. 3. He shall pay the residue, if any, to the grantors or to their heirs, executors, administrators or assigns. If the Trustee should resign (and he is hereby authorized to resign), or should die, or be absent from the State of Texas, or fail or refuse or for any reason be unable to act, or for any other reason satisfactory to the holder of the note secured hereby, the Company or the holder of the note secured hereby shall have full power to appoint in writing and without any notice to the grantors, a substitute Trustee, and, if necessary, several substitute Trustees in succession, who shall have the said powers and estate hereby delegated to the said 7. B. RATTILY` , Trustee, and it is agreed that such appointments may be made by any representative of the Company who has been given authority by the Finance Committee of the Board of Directors of the Company to make such appointment. It is further expressly provided that the Company, in any event, is hereby authorized at its option to appoint in writing a Sub- stitute Trustee to act instead of the Trustee named herein, and is authorized to appoint other Substitute Trustees successively during the life of this loan; and such Trustees shall each and all succeed to all of the rights and powers of the first Trustee named herein. Any deed or deeds which shall be made by any Trustee acting hereunder, shall be prima facie evidence of the truth of all the recitals therein contained as to the maturity and non - payment of any part of the debt secured hereby or other cause authorizing such sale, the request of the Trustee to sell, the advertisement of such sale, the time, place, terms and manner of such sale and the pro- ceedings had thereat, and in case such acting Trustee is a substitute, the fact of his appointment and the facts authorizing the appoint- ment of a substitute in the premises, and all Courts of law and equity shall accept said deed or deeds as prima facie evidence that all prerequisites to the validity of such sale were had and done. It is agreed that in event of any foreclosure sale under and by virtue of the powers heroin granted of the property herein described, or any portion thereof, the grantors herein or their representatives, successors, heirs or assigns shall forthwith upon the making of any such sale immediately surrender possession of said premises to the purchaser at such sale, and in the event such possession is not surrendered and delivered, the party or parties holding over shall thereupon become a tenant at sufferance of the purchaser at such foreclosure sale, or his successor, and should such tenant refuse to surrender possession of such property upon demand, the purchaser, his successors or assigns, shall be entitled to institute and maintain an action for forcible detainer of said property, and secure a writ of restitution to enforce the right of possession therein. If this Deed of Trust is executed by only one person or by a corporation, the plural reference to the grantors shall be held to include and apply to the singular. WITNESS our hands, this 10 - 1: day of January , 19 14.8 • 177141 2//1-41.444:0- { 71_. . n LARION N. WILLIAMSON JR. P:ONETA J . ,.s LLIA SON • • bjw O m b " Pa m i o 0 a • H I co r H Ni fY v hi 'b 0 H CA tr.. i H N I i< • 0 o ~� 7 p 0. : t V. H G Z �' ° .r ` y 5' ,, 2 b '� � _ H ' NJ CD m 0 e z :•• n E' c y (I • 5tl .» a O R is _ % t 7 e P r b y d ° p z A 0 m to P 4 2, o•c •Andea 'T?T-7" p4 - xa suxey 'Slunop ,i io unop ('S ''I) NVIAAS :it 1 ualli� enogu lsnl alias pie Sup elm o rn 0 Sm In `Slunop plus 30 lanop Slunop am 3o ineg GIP Pine Q1�IVH AJ I s LLIA 7 ,_ 272. ,---- p k? Slu���3 pros 3o IsnJy 3o spaaQ 3o spaoaal alit ul ' e2nd IoA ur ' 61 •Q •V / /0 % 30 S -. _f i I em uo em Sq papaooaa Slnp sum pun / "'o "`_`o g ; T Q . 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LNalATOQHrIDAONNDV HLLV21V(lHS S,IdIAi •s'exey 'Slunop Jo3 pun xi! ougnd SJUI0N (•s 'r1) 61 'a '17 3o Sup BLit s;ql aOIddO do rIVHS QNV QNVH AW ll2QNf1 NHAIf) •passaadxa utaaagl uotl1Jap!suoa pus sasodand eqI Jo3 emus am polnoaxa eg rem em 01 papalmoualon pun `IuamnJlsu! 2ujoAaao3 am 01 pagtaosgns amnu asogm uosaed am aq of 0111 of umouq peauaddn S1lnuosaad Sup srgl uo 'alsmS Pun Slunop plus ao3 pun ut eggnd SauloN u `p0112TSaepun eqI `Hw alIOdaa j JO A LN11O0 { l `SVxd,L dO HIVLS HILL JNHwoaarIMON)1DV ar1ONIS 4)9ni SUPPLEMENTAL ABSTRACT OF TITLE (supplementing our Abstract Number 5565) TO 1 Lot Number Twenty Nine (29) in Block Nineteen (19), Fourth Installment of College gills Estates subdivision in the City of College station, Brazos County, Texas, and in the name of Marion N. Williamson, Jr. FOR Marion N. Williamson, Jr. PREPARED January 14, 1948 BY BRAZOS COUNTY ABSTRACT COMPANY, INC. BRYAN, TEXAS No. 5752 . r.. - I -N -D-B -X Kind of Abst. Grantor Grantee Instrument -- gook -- page -- Record - -page Title page 1 Index 2 Bryan Bldg. & Loan...A. F. Chalk, Jr Rel 23.....1....Rel 3 Bryan Bldg. & Loan...prudential Insurance Co. of America Trans 133....376..Deed.... 4 M. N. Williamson, Jr.T. B. pattillo.........D /T 35.....76...D/T..... 6 Tax Certificate, City of college Station 13 Tax Certificate, A &N Consolidated Independent School District 14 Tax Certificate, County of Brazos 15 Abstracter's Certificate 16 TILE SPATE OF TEXAS 1 COUNTY OF BRAZOS 1 }MOW ALL 1.21N BY 'THESE PRESENTS: I'J11EIEAS, on the 4th day of August A. D. 1943 Alfred Franklin Chalk, Jr., of-the county of Brazos, State of Texas, did exe- cute, acknowledge and deliver to Aline Brogdon, 'Trustee, for the benefit of the Bryan Building, and Lean Assn., of the County of Brazos, State of Texas, a certain Deed of ''rust on the following described real est.:te, lying and being situated in the County of Brazos Sate of Texas, to -wit: Lot Number Twenty -nine (29) in Block Number Nineteen (19) in the r'ourth Installment of College Hills Estates Subdivision in the City of College Stateion, Brazos County, Texas, to secure the prompt payment of one certain nr anis spry note executed by the said Alfred Franklin Chalk, Jr. and Payable to the order of Bryan, Building and Loan Association as follows: Being in the principal sum of Q100.00, dated August 4, 1943, and bearing in- terest from date at the rate of 7% per annum and payable in monthly installments of x5.00 each, until the principal sum and interest is paid in full. (It is the intention of this instrument to release the LtL recorded in Vol. K page 79 of the LEL Records of Brazos County, Texas and the Deed of Trust recorded in Vol. 15, page 20 of the Deed of Trust records of Brazos County, Texas as it was the intention in the re- lease recorded in Vol. 22 page 423 of the Release Records of Brazos county, Texas, to release all unreleased liens on the above described property.) And, Whereas, Said note with accrued interest thereoh ha been fully paid to Bryan Building and Loan Association the legal and equitable holder and owner of such note: Now, Therefore, Know all men by These Presents:- That Bryan Building, and Loan As- sociation, acting by and through its President, Ivan Langford, in caisideration of the premises, and of the full and final payment of said note, the receipt of which is hereby acknowledged, has this day, and do by these -resents Release, Discharge and 'Zuitclaim unto the said Arred Franklin Chalk, Jr., his heirs or assigns, all the right, title, in- terest and estaie in and to the property above•described, which it has or may be entitled to by virtue of said Deed of 'rust notes and Liens and do hereby declare the mime fully released and discharged from any and all liens created by virtue of said Deed of ''rust notes and Liens and do hereby declare the same fully released and discharged from any and all liens created by virtue of said Deed of Trust notes and liens, above mentioned. Witness the hand and seal cif the Bryan Building and Loan Association this 10th day of January A. D. 1948. ATTEST: (SAL) Bryan nuilding and Loan Association (Aline Brogdon) Aline Brogdon- Secretary By Ivan Langford ( Ivan La rgfo rd) -- President THE SPATE OF TEXAS 1 COUNTY OF BRAZOS .1 BEFORE LIE, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Ivan Langford, President, Bryan Building and Loan Association 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 ccnsideration therein expressed, in the capacity therein stated as the act and deed of said Association. Given under my hand and seal of office this the 10 day of January A. D. 194$. B. H. Dewey, Jr. (SAL) Notary Public in and for Brazos county, Texas The foregoing is a true copy of the original instrument which was filed for record on the 12th day of January A. D. 1948 at 3:30 o'clock P. E. and was duly recorded on the 13th day of January A. D. 1948 at 9:10 o'clock A. LI. to which I certify. A. B. ptak, C.C.C.".C. ,(i ....i De put y (1 ) • • • THE STkTE OF TEXAS 1 133-376 Trans. JOUNTY OF BRAZOS ( KNOW ALL MEN BY THESE PRESENTS: Whereas, on the 12th day of Septer,ib% A.D. 1947, Marion N. "" illiamson Jr. and wife, Moneta J. Williamson, executed their one note in tae amount of $3,750.00 payable to the order of Bryan Building & Loan Association• and secured by a vendor's lien retained in a deed of even date therewith from A.F. Chalk, , ;r. to .Marion N. oilliamson, Jr., duly recorded in toe Deed Records, Brazos County, Texas. `•77 1:53 -376 Trana „ 1 and additionally s ecured by a deed of trust of even date t:ierewith to Aline Brogdon, Trustee recorded in Vol. 31, page 497, of the Deed of Trust icecords of Brazos County , texas, on the following described property: Being Lot 29 in clock 19, Fourth installment of College Hills Estates Subdivision, in the amity of College Station,i3razos County,Texas. WHEREAS, The Prudential Insurance Company of America is making a loan to Marion N. ^illiamson, Jr. & Fife, Moneta J. nilliamson w:iereby a principal balance of $700.00 is owing on said note (the sum of •50.00 having been paid said note is hereb released to that extent but to that extent only) is to be paid out of.the proceeds of said loan; Now, therefore, the undersigned owner and holder of, said note for and in considere- t of the sums stipulated above to be paid, the receipt of which is hereby acknowledged, aas sold TrLnsferred and conveyed, and does hereby Sell, Transfer, and convey unto the said the Prudential insurance Company of America the said note and said lien and all other liens and titles held by the undersigned in and to said land. TO HAVE AND TO HOLD THE same unto the said The Prudential Insurance Company of Y � {' timeric4, its successors and assigns forever, but without recourse on the EXECUTED this the 10th day of January A.D. 1948. (SEAL) BRYAN BUILDING a LOAN ASSOCIATION ATTEST: BY: Ivan Langford President Aline Brogdon, Secretary THE STATE OF TEXAS1 COUNTY OF BRAZOS 1 BEFORE ME, the undersigned, a Noi,ary Public in and for said County • and State, on this day personally appeared Ivan Langford, President, Bryan Building & Loan Association, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me tat he executed the same for the purposes and con- sideration therein expressed, an the capacity tnerein stated and as the act and deed of said corporation. Siven under my hand and seal of office tnis the 12th day of January A.J. 1948. B. H. Dewey, Jr., (o.H.Dewey Jr.) (SEAL) Notary Public in and for Brazos County,Texas. The foregoing is a true copy of the original instrument which was filed for record on the 12tn day of Jany N.J. 1948 at 3:30 o'clock p.m. and duly recorded on the 13th day of Jany A.D. 194d at 10 o'clock a.m. to which I certify A. B. Sypt , C C.B.C. , • • - • Deputy • .` • STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY :OF BRAZOS 0 " 5 -7g That We, clarion N. Williamson, Jr. and wife, 1Ioneta J. Williamson, hereinafter called grantors, in consideration of the sum of One Dollar to them cash in'hand paid by T. B. Pattillo, Trustee, of Dallas County, Texas, the receipt of which is hereby acknowledged; and in further consideration of the indebtedness hereinafter mentioned and the credit given to them for the payment of the same, have granted, sold and conveyed, and by these presents do grant, sell and convey unto the said T. B. Pattillo, Trustee, and his successors in the trusts hereinafter set forth, the following described real estate, situated in Brazos County, Texas: Being Lot Number Twenty -nine (29) in Block Number Nineteen (19), Fourth Installment of College Hills Estates Subdivision, in the City of College Station, Brazos County, Texas. TO HAVE AND TO ?TOLD the above land and premises, together with all and singular the rights, appurtenances and improvements now or hereafter in any way appertaining thereto, un- to the said T. B. Pattillo, Trustee, his successors or substitute, forever. And the said grantors do hereby bind themselves, their heirs, executors or administrators, to warrant and forever defend all and singular the above described land and premises unto the said Trustee, his successors or substitute, against all persons whomsoever claiming or to claim the same or any part thereof. This conveyance is made in trust to secure the payment of a debt of THREE THOUSAND SEVEN HUNDRED AND N0 /100 Dollars (43,700.00) payable to the order of THE PRUDENTIAL INSURANCE COM- PANY OF AMERICA (hereinafter also referred to as the Company), at its Home Office, in Newark, New Jersey (or at its option, after default at its office in Dallas, Texas), as evidenced by a certain promissory note of even date herewith and executed concurrently herewith by grantors, 77 35 -76 D/' the principal and interest payable on the dates stipulated therein and finally maturing January 1, 1958, the principal and interest unpaid after maturity bearing interest at the • rate of eight per cent. per annum, payable annually, said note further providing for the payment of attorney's fees in a sum equal to ten per cent. of the amount due thereunder and under the terms of this deed of trust if placed in the hands of an attorney for collection or to be proved, established or collected in any court. The note secured hereby is given in renewal and extension of the unpaid balance of $3700.00 principal and accrued interest owing on that one certain promissory note in the original principal sum of 43750.00, executed by the undersigned under date of September 12, 1947, payable to the order of BRYAN BUILDING & LOAN ASSOCIATION, said note being set out and fully described in a deed of even date therewith executed by A. F. Chalk, Jr., conveying the hereinabove described,nroperty to the undersigned; a vendor's lien having been retained in said deed to secure the payment of the payment of the above described note, The Prudential i, Insurance Company of America does not waive any superior title it may own by reason of said note having been transferred to it. The above described 163750.00 note is additionally secured by a deed of trust of even date therewith executed by the undersigned to Aline Brogdon, Trustee, for the benefit of Bryan.Building & Loan Association, recorded in Volume 31, page 497, of the Deed of Trust Records of Brazos County, Texas. It is understood and agreed that the proceeds of the aforesaid note to the extent that the same are utilized to take up any outstanding liens and charges against the lands describ- ed herein, or any portion thereof, have been advanced by THE PRUDENTIAL INSURANCE COMPANY OF AMERICA at grantors' request and upon grantors' representation that such amounts are due and are secured by valid liens against the above described land. THE P`JRDENTIAL INSURANCE COMPANY OF AMERICA, or other holder of the said note, shall be subrogated to any and all rights, su- pe'rior titles, liens and equities owned or claimed by any ow.er or holder of said outstand- ing liens, charges and indebtedness, however remote, regardless of whether said liens, charges :` and indebtedness are acquired by THE PRUDENTIAL INSURANCE COMPANY OF AMERICA by assignment or are released by the holder thereof upon payment.... And as additional security or the 1 Y payment of the indebtedness described herein the gran - I tors do hereby sell, assign and transfer unto the said THE PRUDENTIAL INSURANCE COMPANY OF 1 • AMERICA the uses and profits of the said land, all unsevered crops or grantors' interest there - in, and all rents and royalties accrued or to accrue under all oil, gas, mineral, agricultural or other leases or rental agreements concerning said land and improvements thereon, and direct any lessee, tenant, statutory trustee or other person in possession thereof to pay and deliver the same to the Company to be applied upon any delinquency in the performance of the terms of said note or Deed of Trust; provided, that so long as the conditions of this Deed shall be faithfully performed, the grantors, their heirs and assigns, shall retain possession of the premises hereby conveyed, and shell be entitled to appropriate for their own use all the rents, income and profits derived therefrom. It is the intention of the parties hereto to create a severance of all of such rents, profits and royalties upon a condition subsequent, to-wit, the default or defaults in the performance of the terms of this Deed of Trust or the note se- cured hereby, and upon such default being made, the right to such rents, profits and royal- ties, including all unsevered crops whether in being at the time of the default or not, shall immediately vest in the Company without further notice. Such right shall terminate upon satis- faction of the delinquent items, and the entire assignment shall terminate and become void up- on release of this Deed of Trust. 35 7g DPI ° The grantors do hereby covenant and agree with the Trustee and the Company, or any successor in title as holder of the note above described, as follows: 1. That the lien created by this instrument is a first, prior and superior lien and encumbrance on the lands and premises hereinabove described. 2. To furnish and leave with the said Company during the existence of the loan hereby secured and all renewals thereof a complete abstract of title, which shall become the pro- perty of the purchaser at any Trustee's or foreclosure sale, and to pay for any extension of the abstracts which may be desired by the Company. 3. To pay all attorney's fees and expenses which may be incurred by the Company, its successors or assigns, in any suit in which it may become a party where this Deed of Trust or the real estate above described is in any manner involved, and any and all expenses incurred in presenting a claim against the estate of a decedent or a bankrupt. 4. That they will pay before the same become delinnuent all taxes and assessments (in- . cluding irrigation district, flat rate assessments, and other charges, if any) which may be imposed upon the said land and premises, and exhibit the official receipts therefor to the Company, and will keep said lands and improvements free from all encumbrances and liens or claims for liens of whatsoever nature, and protect and defend the title and possession of said premises to the end that this Deed of Trust shall be and remain a first lien on the said premises until the indebtedness hereby secured shall be fully paid. • 5. That they will commit or permit no waste on the said premises, and that they will keep the buildings, fences and all other improvements now or hereafter erected on said lands in a sound condition. and in good repair, and that they will neither do nor permit to be done anything to the said premises that may impair the value thereof at the same now are (or are intended to be). 6. That as between the parties hereto and all others except holders of prior liens it is agreed that all improvements and additions to buildings on said land and premises, all new structures, all machinery used in connection with buildings thereon, all heating and cooling appliances, all equipment used in connection with the electrification of the premises, includ- ing any interest in equipment and power lines owned jointly with others, all machinery and equipment in connection with the water supply and all other machinery, equipment and fixtures. useful in the operation and management of the land and premises regardless of the manner in which they are attached to the buildings; are a part of said land (or shall become a part of said land if hereafter placed thereon) and they shall not be removed therefrom without v.ritten consent of the Company or other holders of the debt secured hereby. This provision shall be cumulative and.not exclusive. 7. That they will insure and keep continuously insured to their full insurable value all buildings, structures and improvements on the said lands against loss by fire, windstorm, tor- . • • nado and hail, and in such other forms of insurance as may be required by the Company, and that all policies of insurance without exception shall be written in companies approved by the Com- pany or any holder of the said note and shall carry proper mortgage clause in favor of the Company or any holder of the said note and shall be promptly delivered as issued and with the premiums fully paid to the Company or any holder of said note, and that the Company or said holder may collect the proceeds of any and all insurance that may become payable, and, at its or said holder's option, may use the same to rebuild or restore the said improvements or may apply the same to the discharge of the principal indebtedness secured hereby whether then ma- tured or to mature in the future, and may deduct therefrom any expenses incurred in connection with the collection or handling of the said fund, but that the Company shall not be liable for Y_ _ • 1 79 38 - D/T failure to collect any insurance provided for herein regardless of the cause of such failure. 8. That the Company or its assigns may, at its or their option, without demand or notice and without waiver of any right whatsoever, pay or discharge any lien or claim upon the said premises or pay any delinquent tax or assessment (including irrigation district, flat rate assessments, and other charges, if any) and upon such payment the Company or its 1 assigns shall be subrogated respectively to the rights of the holder of such lien or claim or to the rights of the taxing authority; that the Company or its assigns may advance any unpaid insurance premiums, or effect insurance if not provided by grantors as provided here - in and pay the premiums therefor; that whenever the grantors have failed to properly main - tain the improvements, the Company or its assigns may make repairs necessary for the proper preservation of the security; and the grantors hereby expressly agree to pay to the Company or its assigns, upon demand, any and all disbursements made under the provisions of this Deed of Trust together with interest thereon at the rate of eight per cent. per annum from • the respective dates of such disbursements and all such disbursements shall become a part of•the indebtedness secured hereby, and as between the parties hereto and all others ac- quiring an interest herein the regularity and validity of all the levies and assessments of taxes entered on the public records shall be•conclusively established thereby. 9. That the exercise of any option given under the terms of this Deed of Trust shall not be considered as a waiver of the right to exercise any other option given herein. 10. That in the event the grantors- convey their interest in the described premises to parties not appearing in this instrument, the Company may, without notice to the gran- tors, deal with such successor or successors in interest with reference to this Deed of • Trust and the note hereby secured, either by way of forbearance on the part of the Company or extension of the time of payment of the debt or any sum hereby secured, without in any way modifying or affecting the conveyance under this Trust Deed or the original liability of the grantors on the note secured hereby, either in whole or in part. 11. That all payments made on the debt and advancements, if any, hereby secured shall be applied, first, to advancements, if any, in the order of maturity, and second, to that part, if any, loaned in excess of the amount, if any, loaned to renew existing liens, and then to that part, if any, loaned to renew liens now existing. Proceeds from foreclosure sales shall be applied in the same manner. NOW, THEREFORE, it is mutually agreed between the parties hereto, that if the said gran- tors shall faithfully keep and perform all the covenants and agreements above set forth, and well and truly pay off and discharge the said note and all other principal of said indebted- ness or any unpaid balance thereof, and all interest accrued thereon, secured and intended to be secured herein, then and in that case only, this conveyance shall be null and void and shall be released in due form at the expense of the grantors; otherwise it shall remain in full force and effect. But if default be made in the payment of any part of the indebtedness hereby secured, whether principal or interest, when the same becomes due and demandable, or if default be made in any condition, stipulation, agreement or covenant herein contained, then the whole principal balance of the said note may, at the option of the Company or any holder of . said note or other indebtedness secured hereby without notice to the said grantors, be declared immediately due and payable, and the said Company or any holder of said note or other in- debtedness secured hereby may, at its or said holder's option, institute proceedings res- pectively for the collection at law or in equity of such amounts as may be then unpaid, or -- the said Trustee, or his successor or successors hereunder, when so requested by the Company, 0 4 or any legal holder of the said note, shall take possession of the said property and shall sell or cause the same to be sold, or so much thereof as may seem to him necessary to meet said indebtedness and the expense of executing this trust, at the Court House Door in said County of Brazos, at public auction to the highest bidder, for cash, between the hours of ten o'clock a. m. and four o'clock p. m., on the first Tuesday in any month after default as aforesaid, after having given notice of the time, terms and place of such sale and the property tobe sold by written notices posted in three places in said County or in each of said Counties in which the property to be sold is situate, one of which shall be at the Court House Door of said County or each of said Counties in which the property to be sold is situate, for at least twenty -one days prior to the day of sale, and said Trustee shall have the privilege of selling said property together or in lots or parcels, as to him shall seem expedient, and after said sale shall make, execute and deliver to the purchaser or purchasers thereof a good and sufficient deed or deeds to the property so sold, in fee simple, and shall receive the proceeds of such sale. It is agreed that if default be made in the paymeht of any installment of the note se- cured by this Deed of Trust, the, Company'or its assigns shall have the option to proceed with foreclosure in satisfaction of such item either through the Courts or by directing the Trustee or his succe in trust to proceed as if under a full foreclosure, conduct- ing the sale as herein provided, and without declaring the whole debt due, and provided that if sale is made because of default of an installment, or a part of an installment, such sale may be made subject ,to the unmatured part of the note and debt secured by this Deed of Trust, and it is agreed that such sale, if so-made, shall not in any manner affect the unmatured part of the debt secured by Deed of Trust, but as to such unmatured part this Deed of Trust shall remain in full force and effect just as though no sale had been made under the provisions of this paragraph. And it is further agreed that several sales may be made here- under without exhausting the right of sale for any unmatured part of the debt secured here- by, it being the purpose to provide' for a foreclosure and sale of the security for any ma- tured portion of the debt secured hereby without exhausting the power to foreclose and to sell the security for any other part of the debt secured hereby whether matured at the time or subsequently maturing. It is agreed that an assignee holding any installment or install - ments or part of any installment of the note hereby secured shall have the same powers as are hereby conferred on the Company to proceed with foreclosure on a matured installment or installments, and also to request the Trustee or successors in trust to sell the property herein conveyed; but if an assignee forecloses or causes a sale to be made to satisfy any installment, part of an installment, or installments, then such foreclosure or sale shall be made subject to the unmatured part of the note and the debt secured hereby owned by the Company at the time or assigned subsequently to the assignment of the item to satisfy which the sale is being made. The Trustee or his successor making any such sale shall apply the proceeds thereof as follows: 1. He shall pay the reasonable expense of executing this trust, including a commission of five per cent. to the Trustee or his successor making the sale. 2. After paying such expense he shall pay so far as will be possible the debt secured -- hereby, discharging first that portion of said debt arising under the covenants or agreements hereinbefore contained and not evidenced by the note, and discharging next the remainder of the debt in accordance with the provisions of the eleventh covenant set out above. 3. He shall pay the residue, if any, to the grantors or to their heirs, executors, ad- - 81 ministrators or assigns. If the Trustee should resign (and he is hereby authorized to resign), or should die, or be absent from the State of Texas, or fail or refuse or for any reason be unable to act, or for any other reason satisfactory to the holder of the note secured hereby, the Company or the holder of the note secured hereby shall have full power to appoint in writing and without any notice to the grantors, a substitute Trustee, and, if necessary, several sub - stitute Trustees in succession, who shall have the said powers and estate hereby delegated to the said T. B. Pattillo, Trustee, and it is agreed that such appointments may be made by any representative of the Company who has been given authority by the Finance Committee of the Board of Directors of the Company to make such appointment. • It is further expressly provided that the Company, in any event, is hereby authorized at its option to appoint in writing a Substitute Trustee to act instead of the Trustee named herein, and is authorized to appoint other Substitute Trustees successively during the life of this loan; and such Trustees shall each and all succeed to all of the rights and powers of the first Trustee named herein. Any deed or deeds which shall be made by any Trustee acting here under, shall be prima facie evidence of the truth of all the recitals therein contained as to the maturity and • non - payment of any part of tare debt secured hereby.ar other cause authorizing such sale, the request of the Trustee to•sell, the advertisement of such sale, the time, place, terms and manner of such sale and the proceedings had thereat, and in case such acting Trustee is a substitute, the fact of his appointment and the facts authorizing the appointment of a substitute in the premises, and all Courts of law and equity shall accept said deed or deeds as prima facie evidence that all prerequisites to the validity of such sale were had and done. It is agreed that in event of any foreclosure sale under and by virtue - of the powers herein granted of the property herein described, or any portion thereof, the grantors herein or their representatives, successors, heirs or assigns shall forthwith upon the making of any such sale immediately surrender possession of said premises to the purchaser at such sale, and in the event such possession is not surrendered and delivered, the party or par- ties holding over shall thereupon bec ape a tenant at sufferance of the purchaser at such foreclosure sale, or his successor, and should such tenant refuse to surrender possession of such property upon demand, the purchaser, his successors or assigns, shall be entitled to institute and maintain an action for forcible detainer of said property, and secure a writ of restitution to enforce the right of possession therein. If this Deed of Trust is executed by only one person or by a corporation, the plural reference to the grantors shall be held to include and apply to the singular. WITNESS our hands this 10th day of January, 1948, Marion N. Williamson, Jr. (Marion N. Williamson, Jr.) Moneta J. Williamson (Moneta J. Willianson) THE STATE 07 TEXAS, 0 COUNTY OF BRAZOS 1 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared l•%arion N. Williamson, Jr. and Moneta J. Williamson, 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 there- , in expressed, and the said Moneta J. Williamson, wife of the said Marion N. Williamson, Jr. having been examined by me privily and apart from her husband, and having the same fully ex- plained to her, she, the said Moneta J. Williamson acknowledged such instrument to be her act 11. • 6 per, 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 12th day of January, A. D. 1948. B. H. Dewey, Jr. (B. H. Dewey, Jr.) (SEAL) Notary Public in and for Brazos County, Texas The foregoing is a true and correct copy of the original instrument filed for record on the 12th day of January, A. D., 1948 at 3:30 o'clock p. m. and duly recorded on the 14th day of January, A. D., 1948 at 8:30 o'clock a. m. to which I certify. A. B. Syptak, C. C. C. B. C. it s T, ' l • Deputy (w) i • • • TAX CERTIFICATE STATE CF TEXAS COUNTY Or BEQ.ZCS College St tion, Texas, 115/48 -- I, Tax Assessor- Collector for the City of College Stations T97V.E, hereby certify that I have made.a careful check of the Jeairquelt tax rolls in use in my office, and did not find a record of any del in ^':.ent +.a ei ae_e.inst the following described property, up to and inoiuC.Ing the year 1947, except for the years 19 . Amount Delinquent $ Current $ _ Total Lot or Block A or acres oT„ Y 7'W)1 ?9 19 —Sip 1 l a Rendered in the name of A. F. Chalk — ___ - -__ ----- -- for the year 19 47 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 taxpayer or Abstract and Title Company who wishes to check them This certificate includes school taxes beginning with January 1, 1945. For clearance on school taxes for previous years, a certificate should be oltained from A. & M. Consolidated Independent Schoo \ Tax .Assesso ollector, City of College Station, Texas • TAX CERTIFICATE STATE OF TEY AS A., & M. CONSOLIDATED SCHOOL DISTRICT I, A. Ill. tax assessor— collector of the & M Consolidated School District, hereby certify that all taxes on the real estate described hereinafter in the A. & Y. Consoli- dated Independent school district of College Station, Texas, have been paid to, and incliding the year 1944 . • DESCRIPTION OF PROPERTY Lot 29, Block 19, Fourth Installment College Hills Estates in the name of College Hills Estates. I further certify that there are now no delinquent school taxes on the above described property. WITNESS MY HAND OF OFFICE officially at College Station, Texas, this the 13th day of 3anuary, 1948 Signed /<i /.rL,��...� • TAX LSSESSOR AND COLLECTOR OF L. & '.. CONSOLIDATED INDEP:NDENT SCHOOL DISTRICT By T A X C E R T I F I C A T E THE STATE OF TEXAS ) COUNTY OF BRAZOS 0 Bryan, Texas, January 3, , 1948 . 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 47 , Amount delinquent $ Current $ Total $ • Lot or Block Addition Abst.: or acres: or Survey: ly 4t gsid § College Hills Rendered in the name of A. F. Chalk, Jr. for the year 19 47 . This certificate is issued as a courtesy, without charge; no guaranty is made against errors. The person, company or corporation relying hereon takes the rist of any errors. Our delinquent rolls are public records, open to any tax payer or Abstract and Title Company who wishes to check them. L. vi. +reea_n Tax Assess r 'ollector, Brazos County, Texas ,, Deputy. • --- C - A - T - - - THE STATE OF TEXAS j COUNTY OF BRAZOS THE BRAZOS COUNTY ABSTRACT COMPANY, INC., hereby certifies that the above and foregoing Supplemental Abstract of Title contains photographic copies taken from the actual record of each instrument filed and recorded in the offices of the clerk of the County Court and Clerk of the District Court of Brazos County, Texas, since September 23, 1947 at 5 :00 o'clock p.m. down to date, affecting title to the pro- perty described on the caption hereof. we further certify that the herein abstracted pro- perty lies wholly within the boundaries of the County of Bra- zos, Texas, and within the corporate limits of the City of College Station, Texas, and that this abstract contains SIX- TEEN (16) pages. We do not certify as to taxes but show on page 13 tax certificate from the City of College station, and on page 14 tax certificate from the A & M Consolidated Indu; pendent School District, and on page 15 tax certificate from the county of Brazos, Texas, showing condition of same. WITNESS OUR HAND AND CORPORATE SEAL at Bryan, Texas, this the 14th day of January, 1948 at 5 :00 o'clock p.m. BRAZOS COUNTY ABSTRACT COMPANY, INC. BY: ..wr • . gob ,,. F Co l er Hoppess / .resident y "`\ y ♦ M • c 7a/ $ SUPPLE11ENTAL ABS'LtFJ.CT Op TITLE (Supplementing our Abstract Number 30081 TO Lot ;lumber TWENTY NINE (29) in Block NINETEEN (19) , Fourth In- stallment of college Hills Es- tates Subdivision, in the city of College Station, Brazos coun- ty, Texas, in the name of uarion N. 7illiamson et ux FOR Bryan Building and Loan Association PREPARED September 23, 1947 r r BRAZOS COUNTY ABSTRACT COM.PANY, INC. BRYAN, TEXAS No. 565 4 1 I- N -D -E -X kind of Most. Grantor "r ntee I'Istrument -- rook -- Page -- Record - -Page Title page 1 Index 2 First State Bank Colle e Hills Estates Co..Rel...16...133....Rel.... 3 College Hiles Es.Co E. Boughtoa et vir Leed..1)4..315....Leed... 5 Edna Bough ton et vir.W.S. Hi: M ,Tr L/T...12...467....D/T.... 7 W.J. Colter Edna Boughton et vir Rel...16...214....Rel.... 11 Edna Boughton et vir..0.". Havley ° /L...i_....79 i /L.... 13 G.S. Parker Lbr.Co....Brvan Bids. & Loan [ assn ...Assimn.107.617 Deed... 17 Edna Houghton Dr.W.W.Armistead Leed...1J7.616....D eed.. 19 W.W.Armistead et ux...Aline Brogdon D /T....15..22J....D /T.... 21 W.W.Armistead et ux...A.F.Chalk, Jr Deed..11J..5J2....Deed... 25 A.F.Chalk, JP Bryan Bid ". & Loan 27 A.F.Chalk, Jr Bryan Bldg. & loan L /T...19...179....D /T.... 29 Bryan Bldg & Loa A.F. ChalL, Jr 31 A.F. Chalk, Jr M N. 1 7illiamson , Jr Deed..131..543....Deed... 33 M. N. Williamson,Jr...BryE ; n Bldg. & Loal 35 Tax Certi*icate, City of College Station 37 Tax Certifi Cate, County of Brazos 38 Abstracter's Certificate 39 • & fix 00:::- g am, TATE TEXA.3 Q 15 -183 Rel.,. "3:1 as 1 KNOW ALL i DI BY THESE PRESEJT'S : i.•.E_ ,-, on the 10th day of August, A. D. 1937, Lirs. Linnie Danel , , County of Brazos, State of Texas, did execute, acknowledge and deliver to 5, _;alpapi ; ` of the County of :•clam, State of Texas, a certain Deed on the follow:_ estate: Lyinb and being situated in Brazos County,. Texas, being 233 acre Richard Carter survey; said deed being duly recorded in Vol. 94, pace 21, Brazos County, Texas, in which deed .a Vendor'a•Lien was retained to of six (6) ce_atain Vendor's lien notes executed by the said J. C. Culpe_ the order of I.it Dansby; each for the principal sum of 35,000.00, due before the 10th day of August, 1932; 1939; 1940; 1941; 1942 and 1943, r.s _ctively, • interest at the rate of Six (6o) per cent per annum; and the said J. C. Culpepper, additional security to the said notes executed and delivered a Deed of Trust to J. :1 Dulaney as Trustee, for the benefit of the said It Dansby, same being recorded in Vol. 6, page 356, Records of Deeds of Trust of Brazos County, Texas, reference is here made to said Deed and Deed of Trust for a more particular description of said notes, lien and land; any: +IiERE.i,S, on July 6th, 1938, by deed recorded in Vol. 96, page 592, Deed Records of Zrazos County, Texas, the said J. C. Culpepper conveyed said property to COLLEGE HILLS ESTATES C0MidI Y, a Texas Corporation; and, I WHEREAS, a portion of said land was sub- divided into lots, as shown by plat duly recorded in Vol. 164, page 243 -4, Deed Records of Brazos County, Texas, and the said 1 COLLEGE HILLS ESTATES COMPANY has conveyed unto Edna H. Boughton the follo:.ind; described lot, tract or parcel of land as shown by said plat, to -wit: •all of Lots Nos. 14; 15; and i 16 in Block No. 18; and all of Lots Nos. 4; 7; 24; 25; 26; 27; 28 and 29 in Block No. 19; and all of Lots Nos. 13; 14; 15; 16; 17; and 18; in Block Number 21. I :uw TIIR EFORE 1CNTOW ALL I. e.i B TI ESE iRE,SE ;TS, that FIRST STATE BI : AND TRUST { C.;:: :_ IY; Bryan, Texas, the present owner and holder of said n..tes and said liens, in ` consideration of the _remises and of the payment of the suss of IE A...., :i o /l00 (Nio.3c) S R5 by said O'OL'. EGL HILL:_; ESTATES CoI.:iA .NY, the receipt of which is hereb4; a c .. has this day and by these presents does RELEASE, DISC_ARGE and :QUIT- CLAIL: unto th „.:_. ::dna H. Soughton, her heirs and assigns, all the right, title and interest in _- „� said lots aforesaid, which it has or may be entitled to by virtue of said -�tsJ __ . notes, deed and vendor's lien, and does hereby declare said lien fully RELE. a_.: D :SC :::Li:GED in so far it applies to the land herein released, but no furt..er; it : e1a,: , Inserst o o'i and n ^reed and expressly stipulated that this release is only lartial, :- ` raid lots aforesaid, and shall not effect or i :::,aair : _ _ _,_ said property not herein released. . , _ :i% .:GF, the FIRST STATE iii: _: ArD i ....;` Cel.:' ; i Bryan, Tcxa: xccuted by it's Vice- .r- :Adent, and the impress of it's _ i , , • v . , rtugu:; t .,. . )40 . 2I11ST :,T..i:: B2 ..Ni) TRu..i Colu'AN i By J. N. Julan, Vice- 'resident J. N. Dulaney lit - 1. ' • • • • . , "AI • • • a 1., ( 104-61!) Dot d ., ?"i `W AEI, MEN BY THESE PRESENTS: That the College Pills Estates C , esti :. C, : olio: , with its principal office at Bryan, Brazos Count; !'::_.. . .rouU: its President, J.C.Culpepper, and pursuant to General Resolutio of t lre: or :• of . id corporation, a copy of which is of record in Volume 97, p.a,,.e 123, ac ..d Records , for and in consideration of the sum of Four Thousand nix rr.. _we nni Ho /100 (44620.00) Dollars, to it paid by sdna ::. Boughton, out of her r- :Lac funds hind estate as follows: Twenty Nine Hundred 'Twenty Dollars (.2,920.00) paid in C:1:�::: by ..rs. ti, noughton out of her separate funds, and the further sum of seventeen .:: ired Dollars (.1,700.00) paid to grantor by t`;. J. Coulter representing the procee . one cer: n n promissory note of even date herewith, executed by -• -rs. Edna E. Boughton = . E. Boughton and payable to W. J. Coulter, said note being for said sum of $1,700.00 bein due on or before two (2) years after date, bearing interest from date until paid at the rate of 7% per annum, and being additionally secured by a deed of trust covering the hereinafter described property. Said ;x1700.00 was this day used in paying that -portion of the purchase money for said land and its is stipulated that the vendors lien is retained in favor of said J. Coulter against said property until said indebtedness snd all inter :;he be fully paid according to the tenor and effect of said note, when this deed shall become absolute. HAVE GR:'JfE ), SOLD AND CONVEYED, and by these presents do Grant, Sell and Convey, unto the said Edna L. Boughton, of the County of Brazos, 'State of Tex °s, all that certain tract or parcel of land lying; and being situated in Brazos County, Texas,and is a part of Fourth Installment College hills Estates 'subdivision a plat of which is of record in volume 104, page 243 and 244 of the Brazos County Deed riecords, and the land hereby conveyed is describe as follows: BEIIIG all of Lots .umbers Fourteen (14) , Fifteen ( 15) and Sixteen (16) , in Blo4 :umber { Eighteen (18); and all of Lots Numbers Twenty -Four (24); Twenty -Five (25); Twenty -Six (26); Twenty -Seven (27); Twenty -Eight (28) and Twenty -Tine (29) in Bloch Number Nineteen (19); and all of Lots :dumb rs Thirteen (13); Fourteen (14); Fifteen (15); Sixteen (16); Seventeen (17) and Eighteen (18), in Block Number Twenty -One (21). The above described real estate is conveyed to grantee subject to the corrected restric -- ions imposed on all real estate in Fourth Installment of College Hills Estates shown of re- in Volume 104, page 240, of the Deed Records of Brazos County, Texas, which restrictions are hereby referred to and made a part hereof. TO HAVE AND TO HOLD the above described pre-aises, together with all and singular the and appurtenances thereto in anywise belonging unto the said Edna H. Boughton, for her sole .i and benefit, and her heirs and assigns forever and it does hereby bind itself, its sue- censors and asniHns, to warrant and forever defend, all and singular the said premises onto the said Edna H. Boughton, for her sole use and benefit, and her heirs and assigns against Every person whomsoever lawfully claiming, or to claim the some, or any part thereof. ( IN WITNESS WHEREOF, , the College Hills Estates Company, has caused this deed to be d� ) itn nape and behalf by its President J. C. Culpepper and Secretary id. E. Boughton, en.. soused its corporate seal to be hereto affixed at its office in the City of Bryan, irazos County, Texas, on this the 26th day of August, A. D. 1940. ( SEAL) COLLEGE HILLS ESTATES COMPANY ,attest: N. E. Boughton By J. C. Culpepper (N. E. Boughton)- Secretary (J. C. Culpepper) - President ($3.30 Revenue and $1.50 Note stamps affixed and duly cancelled) { 31f • 104 -315 read THE STATE OF TEXAS 1 ' COUNTY OF BRAZOS 1 BEFORE Y2, the undersigned authority, on this day pdrsonelly appear - ed J. C. Culpepper, President of College Hills Estates Company, known to me to be the per- son whose name is subscribed to the foregoins instrument and acknowledged to me that he ■ executed the same as the act and deed of said Corporation, and for the purposes and con- sideration therein a ::pressed, and in the capacity therein stated. GIVEN under my hand and seal of of:'ice this the 26th day of August, 1940. (SEAL) Ben D. Alexander, Notary Public in and for Brazos County, Texas The foregoing is a true and correct copy of the original instrument which was filed for record on the 29th day of August A. D. 1940 at 10:45 o'clock a.m. and duly recorded on the 29th day of August A. D. 1940 at 11:20 o'clock a.m. to which I certify. nk Worsham, C.C.C.B.C. IF Deputy TN 1.4 • 1 1 R • • • • 1 _ OF ET 12-467 ✓ T ! :, F BRAZ OS n ( KNOW ALL ..�2J BY THESE PRESENTS: That We, I.Irs. Edna H. Boughton, joined by her husband, N. 2. Boughton, of Brazos County, Texas, hereinafter styled parties of the first part, (and considered in the plural sense whether one or more) in consideration of the sum of One Dollar in hand paid to the parties of the first part, by W. S. Higgs, Trustee, party of the second part, of Brazos County, Texas, the receipt whereof is hereby' a,cknowledged, and of the further considerati uses, purposes and trusts herein set forth and declared, have Granted, Bargained, gold, Aliened, Conveyed and Confirmed, and by these presents do Grant, Bargain, well, alien, Cc v,: :. and Confirm, unto the said party of the second part, and also to the :substitute Trustee, as hereinafter provided, all of the following described property, lying and situated in _the Couaty2o T, .Zdag., in ti/c. :.tote of Texas, to -wit: 12 -4611 D/T , All• those certain tracts or parcels of 'land lying and being situated in ti_f: C- .ur,t:; of Brazos, State of Texas, and being a part of the Fourth Installment of College Hills Estates Subdivision, a plat of which subdivision is of record in Volume 104 page 243 -44 of the Deed Records of Brazos County, Texas, and being all of Lots Numbered FOURTEEN (14), FIFTEEN (15), and SIXTEEN (16) in Block No. EIGIITEEN (18); all of Lots Numbered TWENTY FeUR (24), a FIVE (25), T',+IIITY :;IX (26), TWENTY SEVEN (27), TWEeTY EIGHT (28) and `1'., ?.. "i'i ;.e:._. (29) in Block No. NINETEEN (19); all of Lots Numbered TIIRTEEN (13), FGURTEEN (14), FIF1'EEI1 (15), SIXTEENN (16), SEVENTEEN (17) and EIGHTEEN (18) in Block No. TWENTY ONE (21), and being the same land which was conveyed to Lirs. Edna H. Boughton by College Hills Estates Company by a deed dated August 26th, 1940, and not yet recorded, but to which deed and to its record when recorded reference is here made for further description of said land. Also Lots Numbered Four (4) an Seven (7) in Block No. NINETEEN (19) in said Fourth Install- ment of College Hills Estates Subdivision, according to the plat of said subdivision. It is further stipulated that the holder of the hereinafter described note a_;rees to release any of the above described lots from the lien created hereby upon payment by grantors herein of the sun of Gij HUNDRED DOLLARS ($100.00) for each lot so released, but such payments shall not relieve the makers of the hereinafter described note from payment of the amounts of principal or interest on said note when due. This deed of trust is cumulative and in addition to the vendors lien in so far as all of the above mentioned lots save the last two (2) are concerned, the money represented by the hereinafter described note having been used this day in paying part of the purchase :money for all of the above mentioned lots except the last two of said lots mentioned. together with all improvements thereon, or hereafter to be placed thereon, and all and sin- gular the rights and appurtenances to the same belonging or in anywise incident or appertain- ing. • TO HAVE AND TO HOLD unto the said party of the second part, and to '_is successors and his and their assigns forever, hereby covenanting and agreeing to Forever Warrant and Defend the premises aforesaid, and every part thereof, unto the said Trustee and to the substitute Trustee, and to tee assigns of any Trustee hereunder, against all persons whomsoever lawfully claiming or to claim tee same or any part thereof for and upon the following trusts, terms and conditions, to -wit: That, Whereas, the said parties of the first part are justly indebted to W. J. hulter party of the third part herein, as evidenced by our one certain promissory note exe- t ee the said parties of the first part, and payable to the order of the said party _i _e third part, and being further described as follows, to -wit: Being for the sum of SEVENTEMI HUNDRED DOLLARS ($1700.00) and being of even date :._ As need of trust and payable on or before two (2) years after date, said note further e - " per :..3.t same bears interest from date at the rate of 7 o per annum, and that interest 1.o .able nu:- st 26, 1941, and annually thereafter as it accrues, past due interest to bear 1 rest frc_s maturity at the rate of 7;Q per annum, and said note providing that failure to any installment of interest thereon when due shall at the election of the holder -:,ature the full amount owing thereon, and further that if said note ec ;t eei'. . :nd be placed in the hands of an attorney for collection or be collected by e ." : rebate Court, the makers thereof agree to pay 1050 additional on the principal interest th n owing thereon as attorneys fees, - Noce a tiro said parties of the first part make prompt payment of said ind, ::hall ,ay, or cause to be paid, all other indebtedness secured oy teis conveyance, principal and interest, as tile same shall become due and payable, end strictly :11 the conditions and requirements herein provided, then this convey ' -.1 eel,: ind of h) further force or effect, and shall be relaseCi at urti, of the first part. But should the said :;artier:. ee ._._» :milt in punctual payment of said indebtedness, pr any part f t,h . ai.ie shall become due and payable, o should .:y r •.o�rld said parti hny res.: ect fail to keep and perform any one more of the conditions s _ . a:.a performed by said parties of the first part, then, and in any such ca....), t..•, is ,•=•.t :t of said indebtedness remaining shall, at the option of the holder of said indebtedness, _:ediately .nature and become payable, and it shall thereupon, or at any time thereafter, Car o- sny part thereof, remaining unpaid, be the duty of the said part,; of the sea n h . in, and of his successor or substitute, as hereinafter provided, en the request cf tee er of saic indebtedness thereof (which request is 'hereby presumed) to enforce this .rust; an. after advertising the time, place and terms of tie sale of all of the above c - veyed ':•-'. 'described property, or any part thereof (the privilege of selling in whole or in it being hereby granted) for at least twenty -one days successively next before the day o, by posting up written or printed notices thereof at three public places in the County in which said real estate is situated, one of which shall be at the Court House Door of such County, to sell the same, in accordance with such advertisement, at public auction, in front of the Court House of the County in which said property is situated, on the first Tuesday in any month between the hours of ten o'clock A. :.. and four o'clock P. .. :. to the highest bidder for cash, selling all property above conveyed as an entirety or in parcels as the Trustee may elect, and make due conveyance to the purchaser or purchasers, with general warranty, binding the said parties of the first part herein and their heirs and assigns; and, out of the money arising from such sale, the Trustee acting shall pay: First all the expenses of advertising sale and conveyance, including a commission of five per cent to himself, and then to the holder of said indebtedness, the full amount of principal and intorest due and unpaid on said indebtedness, as hereinbefore set forth, and all taxes, assessments, insurance premiums or other advancements, made as provided for herein, with interest thereon, rendering the balance of the purchase money, if any, to the said _,arties of the first part, their heirs or assigns;: ant said sale shall forever be a perpetual bar against the said parties of the first part, their heirs and assigns, and all other persons clai.:.ing under any of them. It is expressly agreed that the recitals in the conveyance to tho .urchaser shall be full evidence of the truth of the matters therein stated, and all pre - e to said sale shall be presumed to have been performed. The holder of said indeb- te. shall have equal rights to become the _urchaser at such sale, being the highest bidder. 'n case of absence, death, inability, refusal or failure of the Trustee herein n_, et, successor and substitute may be named, constituted and appointed by the holder 'neetedness without other formality than an appointment and designation in writing; :, .onvoyance shall vest in hits, as Trustee, the estate and title in all said .e?' thereupon hold, possess and execute all the title, rights, rowers and duties cenf=ed on ::aid Trustee named, and his conveyance to the purchaser shall .'' :r,'1 effective; end such right to appoint a successor or Substitute Trustee shall exist ...enever from any of said causes, any Trustee, original or substitute, cannot „I 1 eet _.ct. 7t is agreed and stipulated that the parties of the first part herein shall ..:■r on proper cost and expense, keep the property and premises herein described, .:. ,r, :t: , ch a 1 i.F,n is _r iven and created, in .00d repair and condition and pa , All niT 15 A > discharge as they are or may become payable, all and every taxes and assessments that are . become payable thereon under any law, ordinance or regulation, whether Made by , gtate or T :unicipal authority, and shall keen said property fully insured ii: c._anies approved by the holder of said indebtedness, to w:,„1.1 , abi - ::d by whom the plicies shall be kept. and in case of ' . "_rs', art in p erformande of any of the foregoing stipulatio:::, :',„„d by t :c holder of said indebtedness, for account and at the ex_ ense �_ r t'.:: . art' first part, and any and all expense incurred and paid in so doing :::fall to y l by ehc sties of the first part to the party of the third part, with interest at r t af r annum from the date when the sane was so incurred or paid, and s..a'_1 :_ :°.d aecurod and sayable by and under this deed in like manner with the oti.er i :...,btedn.. :. -- _ -_.. mention :1, -.:'•d the amount and nature of such expense and tine when paid sisal be .1J, f, iy -d !r thr affida-:it cf the holder of said indebtedness, or the holder' o f : :t, _ any Trustee acting hereunder. rrovided, however, that the exe_ rig.t _f advancement sl_a11 in nocise be considered or constitute a waiver of the r• _ 't of o1 :er of Lain indebtedness to declare same, and all other indebtedness; hereunder - nee due and payable. - .rtaer afire-. a -:d stipulated that he security herein an, 1 7 . o -_ not affect, nor be affect. , any other or further secarit cr tc be tahcn _tr _ sans indebtedness, or any part thereof; and the said parties of the lir,tt _part ccd __ .erty hcreinbefore mentioned and ccnveyed to -aid _art: -f the second ::art 2.2_ ne art of u „ property by them owned, used, occupied or clai :shed as b:i_ ha as exempt from forced Sale u: ler the laws of the :state of Texas, and diaciai:. . :. - aal every claim thereto under any such law or laws. _:-:a2" oar a: L t' is 26th dab of August, 194x. dna H. Bou• , 3 :2a , the undersigned, a Hotary ublic in ara 11. E. Boughton and :_rs. Edna H. i oughton, his aubacribed to ;,he foregci =.._ _ t, ac Ghat they each exec. , ._.e _ ur_ ores ' tls said Edna H. cughtcn, .ri_fe• of the -aid ... . Bought S , d a ail t 2 : - - ar 5 hava ng fall:, :ai 1 Ldr a Bou _. ac -_ - - trume::t tc be cedarc that she had willingly signed ,ha e for tl :c _ _ s co .:_n r_ooed, and that .;he did not wish to retract i . ' G" TC2 this the 26th day of August ,. 2. . . .ag - 1, ... , ,t:. • 1-2: c in _ y l ir.ctru:o,nt _e. :a., files C:;' ; c' ^loc :_ a.... :a :. i c : ,.; .. hl.. . . ' . �. - ,,._ic ,t1.1 - . Fru,:i: uz'� :.�•, • �.� ty .4 Air b 1 • • • 1G-214 1. .Z.:1(1.; BY . _. � E ; FIT`i'S: "here on the 26th d of . . r::..ton rind her husband, _ .iou hton, did execute, ac! ^._∎wled'e • ; 'tee'., of ' 3rezos County,Texas, n cer.tnin Lecd ,)`" ,,, on ,, ;:scribed, which Jced of Trust is duly recorded in \ol.. 12, p tic d of i'ri,:t of roy,,os County, 'ex .,, to secure the prompt p.:yaent of on cert:.:.. %'% • ; ev• reV;it,h, in the princi;x11 sum of 1, _ 1 • 16 -214 Rel. ,7,:`0.00) Dollrirs, executed by the said Edna Ii. Boughton, et vir, to the order of i •alter J. Coulter, or order, on or b yore. two it is desired by the said Edna H. Boughton, et vir, Lour hton, -, 1o.:irr : ,. escribed lots, tracts or parcels of land, secured bysaid Deed of "rust, - cased from the Veidor's and Deed of Trust Lien, above described; to which the said ,, oulter has agreed: i.e. _ all of Lots idumbers ` 1 ' i. ri\(TY- z.)EV�iN (27) , .1 o'EDTY- LIG1-71' (28) and 7.. (29) , in lock Nuaber NINETEEN (19) of fourth Installment of COLLAGE HILL: E . :27; ;Subdivision, plat of which is duly recorded in Page 243 -4; Vol. 104, DeedRecords of Brazos County, _exas. C'.. _'H I_'OR� LIO'. A. L :iJ BY _ ' I i SE _ : " that I, ;,._L' ER J. COULi.,'B, of Br- - ounty,iexas, the present owner and holder and =ayee in said note, and said lien, in con- sideration of the premises, and of the payment of the sum of lidiEE I;U.TDRE :s:V100 ( Dollars, by the said : Edna H. Liou`hton and husband, iN.s.Boughton, the receipt of which is t:ereby ac' have this day and by these presents do a_L ::'EDISC ..G3 and ,UIT -CLRIi unto the said Edna H. Boughton, et vir, iI.E.Boughton, their heirs and assins, all of the right, title and interest in and to said lots above described, which I have or may be entitled to by virtue of said deed of Trust, note and vendor's lien above described, and do hereby declare said lien fully released and discharged insofar as it applies to he land herein released, but no further. It being understood and agreed that expressly stipulated that this release is only partial, being given to relee:e said lots ebove des- cribed, and shall not effect or impair the aforesaid lien as to the re_:ainder of said property not herein released. _ my hand at Bryan, Texas, this 23rd :-ay of Septe- er, A.D. 1940. elter J. Coulter. _ ' J. Coulter OT T XA30 TI Y OF B OS p B -FORE the undersigned authority, a :Notary Pubis in and for :ounty, _'exas, on this day pe_ sonally a- peared ':;molter J. Coulter, known to -ae to be e n 1. hose name is subscribed to the foregoing instrument, and acknowledged to me that aecated the sae for the purposes and consideration therein expressed. .77 _ r_,E . ;, ;D SEi1L OF OFFIC 'L, this 23rd day of Septe.:.ber, n, -i,1940. Tho rpson, Id_ t ary Public in - nd for 1•) Brazos County,Texas. :'ore ; loin is a true copy of the original instrument which was filed for record on the 24 1 l ;; of ,,ept• ;..D. 1940 -t 8:10 o'clock p.m. and duly recorded on the 25th d 1940 at 4 o'clock p.m. to which I certify Frank Worsham, C:'' C.B.C. , . � . -- 44k 402_ , Deputy • 1 1 Y r2hISE 'r'.L,.,I,1S: This memorandum of agreement :e _. :to between :Ana . 3oughton, and husband, T +.:.. -Jou hton . eieties of the first pert, . C. Hawley herein -fter :et.er one or more, all of said count and State, Mate, .._1..�.._._ _... :filet the said earty of the second part, in consideration of the _ se e i _, - .. and y �� - set forth, agrees and contracts with the said parties of the first ant, to i, f the labor and meterials for, and to construct, erect and p complete uon l� the .ads end nre- -:ises hereinafter described, in good workmanlike manner, and in accordance with the plans _end specifications agreed upon between the parties, and signed by them for the purpose of identification, the following improvements to -wit: One (1) five room and bath frame dwelling with garage attached, Said party of the second part agrees to complete said imnrov.c =, eats within 90 days fro::, the date hereof, unaboidable accident alone excepted, a reasonable allowance, however, to be made in c,cse of bad weather, d to pay to the said p_ rties of the first part the sum of (w None.) Dollars per day for each day and every day's delay thereafter as assessed or licuidated damages. The land and remises upon i the said improvements are to be erected are situated in the County of Drezos, State of Texas and are more ,. particularl,, described as follows, to-wit: 3eing a portion of'ourth Installment of COLL,sE HITLS ESTATES Subdivisioh, a plat of is duly recorded in ''ol. 104, page 243 - Deed itecords of yrazos County,:exas, being all of Lot Humber T . TY -NINE (29) in .dlock =lumber irETETEEZ (19) , ' in consideration of the construction of said improvements and furnishin_ the le ,_e -.ri ^1 therefor, as , ebove stipulated, the parties of the fist part promise and agree to r,f-y to the said party of the second part, heirs or assigns, the sum of (3,000.0" '17(3 T ::D AHD NO /100 (43000.00) Dollars in accordance with the terms of ene certaie p_•onissory note of the said parties of the first part of even date herewith, hereinafter c note, whether one or more, and payable to the said party of the second part or or- er on or before 90 days after date and beerin- interest at the rate of six per cent, per a. :nua, from maturity interest payable monthly and further providing for an attorney's fee ev men ;,er cent. edditional upon the amount of the principal and interest then due, `. a to he eleced in the hands of an attorney for collection, or be collected by suit, or t,_ ,,.:, 7robate or eardruptcy Court, and further providing, that all pest due interest : 1 „e r iete rest until paid at the rate of ten per cent. per annum. ,aim parties of the first part hereby give, grant and convey to the said part :second aert, his heirs and assigns, an exer•ess mechanic's and mnteria1unn lien, as ero;ided by the Constitution rind Laws of the State of Texas, upon the hereinbefore des - gibed property and all improvements thereon and that may hereafter be placed !heeeon, t, .4 1 1:7 V:/L secure the payment in full of the above mentioAed, indebtedness, princirm 1, interest and attorney fees, and further to secure the performance of each and every cove :ant and ob- ligation herein set out. It is further agreed that a failure to compl - , :: yid J laprove- ments, or failure to coral lete the sa_::e according to contract, shall n :t ue raid indeb -. tedness and lien, but in :.;ch ccse the indebtedness and lien upon s> i ; 1• ,i:;r;s sss im- provements shall exist in favor of said party of the second part, his Lt-sirs ' ;-iii Jssi;ns, for said cohtract price, less such an amount as would be rec.sonably a ace.,s to complete said improvements according to the said plans and speoifications. Upon the completion of said improvements, said parties of the first ., rt scree to i sure the same and keep the same insured, in some solvent and reputable insure. ce com- pany for the benefit of the said party of the second part, his heirs or assigns, for at least the sum of (0,000.00) 'iEII EE T= :S.USk_.D .,:D I0 /100 Dollars, or as Li-ch of sane as can be procured, and they further agree to pay all taxes ana assessments now due, if any, on said premises, and :peep all taxes and assessments paid as they accrue upon the said premises, and as additional security, but in no wise to waive or affect the liens herein created, she parties of the first part have executed a deed of trust for the be..efit of the party of the second part, heirs and assi_;ns to secure the perfor=m- y fli ante of the covercnts herein contained, and it is agreed that failure to ?;ay taxes now J ) due, if any, or to keep the taxes paid, as they accrue, upon the said are..ises, o_ failure to insure, or to : :ecp the said premises insured, as above stipulu or a total or aartial destriction of the improve_ents upon the slid premises, or a failure to nay - any of said note or any installment of interest on said note as the sage falls due, shall at the option of the holder of the said note, or any of them, i smediately mature the I ii said indebtedness. It is further expressly contracted and agreed that theplans and specifications sbovc referred to aud,norise t:_e :caking of ch.snges in same by which extra costs may be incurred and any such extra costs, not to exceed the sum of Nidone, incurred in accor- dance with the right reserved to parties of the first Tart to make such ci.ans;_s shall be secured by the liens herein ;riven and grr.nted as fully as if such amount were in- cluded in the on •inil contr• -ct price. ,aid r ..ties of the first part hereby v:aive, in favor of the said indebtedness, all homestead exe _ptions and .:llowsees, and all allowances in lieu of homestead, or for :_:e""-' srticies, or for support, :nd all commissions which may accrue to either of them _ . _...y c•b_ to proceeding, if any, in which the said premises may be involved. If te said lv,rties of the first - .art shall fail to procure said insura.rce, or to psy said taxes, as above stipulated, the holder of said note .,lay procure the said in- zr sce, or rL;;r said t-.xes, a_.d add the amount so paid to this indebtcd,:ess and the said 3 .o'.a so 7 "hall be secured by a lien upon said pre ises, and the s.-me shall bear _n _s ,st from dates of such paf :cents at the rate of ten per cent per annuu. . •it._ ss our ha :ds this 23rd day of 3entc::ber, . .D. 1940. • oa :.ton _ 0. 0. Iiav:ley .. _)u.: _ .ton • 0. .;.i :awley _os Lton Party o +' the .econ art - 1;. Jt i of ti:e fi=st part. • , . ,'; sate -tamp fJr.fixed . :/ Icetled. ,.:; : .. .... 4 BdF d :1E, the undersigned authority a :dotary Public in and for 1- o' t i: ■1: o :.;o :r l . , r (3 . . - ,u . . rc Cub t'ri be l,■ .. , r. :) i t; 1 a .r1. , . , - �: - nd for -s r._ -, ,s -)u1.ty, t_ undersi ned -.1.1 ,_,_:_ a -:ot^,ry ',Ye in ,_ _;o'. _t; cxa: o -is day nersonally a :. reared ';o:i .- . " .. _ to „O : .e. Lne '?er_'-On 1 1? .e is s to „i_e lore_oin ,cur _ -_:, _ . . 1_ , _...tined by e privily and apart fro .-„ husJ -- -d, ._yin i'_ I lo -72, „ c, t, . aid -;dna . . o i .to c -.Ji fed c,d s:c__ i - -; - ,_ ...., ... ....e decl ed Ilat s_-e '1'i,-. ,.e _. o _ or .- - e Isn .cia - ressed .0 t nJt , . . , -, _ _ . - - el' of__ce, . e' _le]: -: or, _ ,..- L. 'nd for .,ounty,.. }:`;s. ou nty, _ex f, for r _.: in consideration of the s.. ilcr :ion to - in _ ___ _- . ti,. - Far':er Lu_ : 1ner - 11 - c'- n - ,101 -ed, h ve ssi"ned Ind_ trl n ferred said _a ':er Lu - - o _ -.ny, the folio. _a .en'T,ion _ ._µ L = - - .....,r unto .,_ :� r -_ :__ 1 ess, oL. -er t li securing .-_ _ , -it: - ,' n note in tilt rinoi ;':1 su-n of L 2.(,'.,'._,,.:'...) - -- ._, 1:0 /100 ( ..O u., .., =„ _c to the order Of u. ae:l ,', on or bsfo :e :'0 days _t _ d-te, - , hot: :; i_, -__o. :tcd oul ton et =, _ton, _in tie 1e no ;cs set out and descri., _- ce1tHid _1ecn niC'S _ _. ,,.,r' l-3:1'3 . : :anLr%ct - .ed into by and betv.een - .L.- .oU;ibtOn and t'if , ou- _ ton, o1: :ners, a•.:_. , ontr c',or, ted the 23rd day of Septe -_ber, 1 -J<<0; said c -'or 1, ap o .e _t of the follo' : in pre:li : s , situated in .,ounty OI - - :. , - , to :i': .i 1 c portion of .ourth Installment of ALL= KILTS ES :,T1 subdivision, _ _ o: - . ".i : is aily recorded i -- , ol. 104, paSe 243 -4, Deed records of - Brazos ::ounty, _exa - all of Lot bunber . E.' TY -. I ATE (29) in -:lock _ = - I:; ,T (19) . co: - .',2-ct beinS of record in - c ol. p :tee of the -_ec :anic's -ien F,ecords Bounty, texas, to which reference is her made for all purposes; and said i..- ,e :,t ,. es:, : ,cin : ecared by the -. and .. -ien un.er the .,onstitutioa il I1 ,, of ,..... to of _'exas. .C, :,..,- = : :i) '2D H:bLb the aforesaid indebtedness, together with the lien against t c ove -_ entioaed property sec tring the sage, and all of my ri ;hts, pr_vilecs and ec i- ti.G:. under a,a'1 by virtue of the aforesaid indebtedness and lien and contract. .it; -i.esr -ly hand this 23rd day of Uepte-iber, =t.i). 1940. . 0 C. Hawley 0. e. Hawley :, °Tr W . /1. _ - :Jh ` ,Er'ORE ;.W, the undersigned authority a notary Public in and for .. -7) • /* } • ' ! TATE OT TEXAS! 0 TT rry OF - 107 -617 - Assign ,:,ZOS I ; on the 23rd 3 day of Senterber, 1940, 7dna H. Boughton and _susb :.d, .,.E. Bou.ctton executed and delivered to C. C. : and m-- �terialman's lien note for the stun of TIME � Hawley their certain mechanic's m E THOTT ,D AND N0 /100 (3 Dollars, secured by a mechanic's lien on the following described real estate; Lot No. Twenty -nine (29) in Block Number Nineteen (19) of the Fourth Installment of College Hills Estates Subdivision; and =7..1S, said note was transferred by 0. C. Hawley to s. S. Parker Lumber Company by assi 7rment dated Se _�te ber 23, 1940, and recorded with said mechanic's lien contr :ct in paz,e 79, of the , .echanic s Lien Records of Brazos ounty,Texas, hereby referred to for all purposes. And, w;;erens, the said note and lien is now the property of the undersigned, who is legal holder and owner of same; • ::ow, therefore, Know all men by these presents: That I, jor 1. S. Parer ;1, r Jompany for and in consideration of the amount due thereon and One and do 1=�rs to me in hand paid b y The B /100 r-.�an Building and Loan association have sold, Assigned, '•r :. :. ^erred, set over, and conveyed, and do hereby sell, asst_-n; transfer, set over, and '-'•nvy!. without recourse to the said The Bryan Building and Loan , association the said des - =..t >ec'. ;mechanic lien note, together with said lien and all the title; held by me in said 1',nd and real estate and thereon b improvements ther virtue of being theholder by theholc er and owner of said mechanic's lien note. "+p ",,'T'g , :;, "> TO HOLD the same unto the said The Bryan Billding successors rsnd ussir;ns, forever. and Loan «�svciation its • '1 8 41#7.417 Assign V1111 my hand th is 9 day of Oct. A. D. 1)41. G. S. PARKER LULIBER COI Psi: ^f By s. S. Parker Jr. Co- partner T.. 01' . 7 1 :,)”71".: 07 B7-L7 'S P the undersigned autdority, on this d,.y personally appeared . S. P:.rker, Jr., co- partner of the G. Parker dumber Co. a co- partnership known to me to be the person whose name is s bscribed to the foregoing instrument, and ac ;:nowledged to me that he executed the same for the purposes and consideration therein expressed, and as such co- partner. Given under my hand and seal of office, this 9th day of Oct. 1941. • F. L. Henderson, Notary Public in and °L ) for Brazos County,Texas. le = orc_ oint -,is a true copy of the original instrument which was filed for record on the 14th day of Oct. A.D. 1941 at 4 o'clock p.m. and duly recorded on the 15th day of Oct. A.D. 1941 at 10:30 o'clock a.m. to which : certify A. B. Syptak, C.C.C.3.C. / Deputy • 4` R • TPE STATE OF TrXAS CL ?TY C? �n KNOW 107 -616 J _ 10.7 ALL 1.11T BY HEST �,.7ZE NTS: T Deed band, :;.E•:; °uv ton, of the County of Brown That we, Edna :_ •. 13ou��� ton and bus- , State of Texas, for and in c onsideration of the sum of Ten and No /100 Dollars, to us paid, and sec;:red to be paid, by Dr. or. . as follow;;; . Armistead, The sun of T:; .'.:,'D i10 /100 („10.00) D0- IJ;rR., to us in hand is hereby act: Paid, and the receipt of which nov.�ledged, and the further consider tion of the Assumption F charge by the said Dr. W. W. � went and dis- • • :r.aistead, of the unpaid balance of TWENTY Y ^ I r:IT HUNDRED FI `I' :' N- /100 2,850.00) Dollars, due on a certain i :ec :_anics Lien i+ote, dated S 1940, executed by the said ::.rs. Edna H. p eptember 23, oughton and her husband, L,. i; <;i..al sum of . due and ' ou�;iiton, in the ori- pa. •a le to the order of 0. C. Hawley on or beY' after te, and which said note is set out and fully described in and recur ore 90 days Lien contract of even date therewith ewit'r� executed ed by a certain rir, to the g LT 7 � ' b Y the e said Edna H. g said c.C.�.aw1ey, being duly recorded 3n Vol. °u ;hton, et ien cone: ct:> of Braes c m nK ", page 79, Fecords of �- cci :an'c's • ounty,Texaa;'and which said note has been assigned b:' thesaid •.?'avrleY to G. S. Parker L umber C ompany have s , resents do %'•ant S ' ranted, sold and conveyed, and b ell and Convey unto the said Dr. ;1' Y these �f. •'rmistead of the County of r ':os, �t =rt of Texas all that certain lot, tract or parcel of land t i =tcd in `'r zos County, Texas land, lying and being ,. being a portion of C0LL77 HILLS ESTA`'S Subdivision, a. plat of which is duly recorded in V ol. • s Count��, 'cxas � 10 4' page 2 43 -4, Deed Fecords of an being all of Lot Plumber T' °!^P°TY -dine (29) in dock Plumber Nineteen 91. TO IIOLD the above describedpremises, together with all 1■11,9 sin -ular, ri `ta an appurtenances thereto in anywise belongin,v, unto the snid 7) ::eira and a :,si;a forever; do id r. and we hereby bind o ,ad urselves, and our heirs, , .i_ii;t r -tor•• �. s to lIurjart and 1�'orever Defend all and singular • ,r, .. ••� n tl:e s :Aici prv.:i es 1: : :ic • ,, :rmi;;te• d, his heirs and assigns, against every p rson whonsoevor 1 `' 11 or to claim tiie sane, or any part thereof. t it � :. exarea;;ly agreed and stipulated that the Vendor' ''escribed pro s Lien is retni nod property, premises and improvements, until the above described no :e (; Iuc_r�;c t:.ereon are fully paid according to it's face and tenor, effect an - = v...e:: this need shu 1 become absolute. _ti:ess our ha::ds at 1rownwood, Texas t;:is 21st day of January «.0 1941. :+ venue Jta:ps affixed Edna H. Boughton a":.. 'ultr cancelled. -717i Ii. Boughton N. E. Boughton N.E. Boughton ST tTE OF T7XAS 1 201MTY OF BROW the undersigned � B'�?0�',, �'�� - wed authorit Y, a ::otar}r rublic in and for Brown Lounty,Texas, on this day personally anpered :?.E.Bourhton and Edna H. Boughton his wife, bob known to me to be the persons whose names are subscribed to the fore -oing instrument, and acknowledged to me that they each executed the same for the purposes an+', consideration therein expressed, and the said ::dna H. Boughton wife of the said °.Boug,I: ton having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Edna H. Boughton acknowledged such instru- ment to be her act and deed, and she declared that she had willingly sinned tha same for the purposes and consideration therein expressed, and that she did not wish to retract it. GiV IT under my hand and seal of office, this 25th day of January, ti.D. 1941. SEAL) U. �. Trigg, Notary Public in and for Brown L;ounty,Texas. The foregoing is a true copy of the original instrument which was filed for record on the 14th day of Oct. :-•. 1941 at 4 o'clock p.m. and duly recorded on the 15th day of Oct. .� 1941 at 10:20 o'clock a.m. to which I certify A. B. Syptak, Deputy 4 1 • / • I . i __ ..iii I .. 1 ...._... . _ 3TAT1 CF TEXAS. 15 -220 D•T OUNTY 6F BRA: CS 1 ?PTO ".' ALL IMI BY THESE FRESE,N73, That ".'e, "?. 'I. Armistead and wife artha 3. Armistead of the County of Brazos, in the State of Texas, for and in consideration • the debt and tr'Ist hereinafter mentioned and created, and of One Dollar to us in hand paid Aline rogdon, Trustee the receipt of which is hereby acknowledged, have granted, sold and . onveyed, 'nd by these presents do grant, sell and convey unto the said Aline Brogdon, Trustee ' ti.e Count- of Brazos e nd State of Texas, all that certain tract or parcel of land 1:,- d; being situated in Brazos County, Texas, rnd described as follows, to -wit: I.;G , 111 that certain lot or parcel of land lying and being situated in Brazos County, •xas, ,nd being a portion of the COLLEGE HILLS ESTATES SUBDIVISION, Fourth Installment, "t of which is recorded in Volume 104, page 243 -4, Deed Records of Brazos Count, Texas, .d beinrp e11 of Lot No. TWENTY_NINE (29) in Block No. NINETEEN (19) in =sic Subdivision, I 15-220 D. f k : in Brazos County, Texas. To have and to hold the above described premises together with all and singular the ri..;ti and appurtenances thereto and in any wise belonging to the said Aline : :rogdon, Trus- tee aid her assigns, and to her successors hereinafter designated, and to the assigns of - said successors forever. And we hereby bind ourselves, our heirs, executors any' administrators to warrant and i- forever defend all and sing.lar said premises unto the said Aline Brogdon, Trustee and her assigns and to her successors hereinafter designated, and to the assigns of said successors, a ^ainst every person whomsoever lawfully claiming or to claim the same or any part thereof. In trust, however, for the following purposes: ) '.WHEREAS, the said W. W. Armistead is a member of The Bryan Building and Loan Associa- tion, (duly incorporated under the laws of the State of Texas, and having its Home or Prin- cipg1 Office at - ryan, Texas,), and owns one (1) share of Direct .:onthly Reduction stock therein and we obtained a loan of TWENTY SEVEN HUNDRED THIRTY FOUR & 58/100 Dollars thereon, for which we have made, executed and delivered to the said Bryan Building and Loan Associa- tion our note, or obligation, of even date herewith, in substance as follows, to -wit: k ,734.58 Bryan, Texas, October 9, 1941 FOR VALUE RECEIVED, We, W. W. Armistead and wife Martha S. Armistead promise to pay to the order of The Bryan Building and Loan Association, at the office of its Secretary, in the City of Bryan, Texas, the sum of T'iENT' SEVEN HUNDRED TFIRTY FOUR & 58/100 Dollars ($2,734.58), with interest from date until paid at the rate of seven per cent (7%) per annum, the interest payable monthly as hereinafter set out, all past due interest bearing i interest from its maturity at the rate of eight per cent (8 %) per annum. i. This note is secured by a deed of trust of even date herewith, executed by us, conveying to Aline Brogdon, trustee, certain property situated in Brazos County, Texas, said deed of trust providing for sale in case of default; end by a lien on one (1) share of Direct Monthly Reduction stock in the said The Bryan Building and Loan Association. This Note is payable in monthly installments of $x'8.50 each, same including both principal and interest; first installment due and payable on or before the 10th day of November, 1941, enc a like installment due and payable on or before the ljth day of each month thereafter, until the entire sum, together with all interest thereon is paid in full. Right is given to make additional payments on account of principal at any installment payment date. Past due installments to bear interest at the rate of eight per centum (8%) per annum. All interest on this note is payable monthly on the 10th day of each month, es aforesaid. It is specially agreed that we will at all times pay all interest on tris note promptly as above stipulated, and will keep all dues, penalties end monthly installments peF up according to the by -laws of said Association, and will keep all taxes and paving ssessments on said real estate peid off and discharged as same may beco me due, and will keep all improvements on said premises above mentioned insured against fire and tornado in favor of said Association as reuired by the Board of Directors of said Association. , It is further specially stipulated thFlt in the event we fail to pay any installment of interest on ti.is note when due, or should we fail or refuse to carry out and perform I a - y other obligation assumed or covenant made by us in this note, such failure shall, at the election of the holder hereof, mature the full amount of this note, principal, interest and nttorney's fees; it being further specially stipulated that if this note be n',t p F1 , t its maturity and be pia ced in the hands of an attorney for collection, or be collected by suit, or through the Probate Court, the makers hereof agree to pay ten per cent lh-220 D.T (10%) additional on the principal and interest then owing hereon as attorney's fees. This note is given by way of renewal and extension of the balance due on a mechanic's Lien note in the original sum of Z.3,000.00, and being the note described in the L ".echanic's Lien Contract recorded in Volume 3, page 79, M.M.L. Records of Brazos County, Texas; and ' assumed in the Deed from Edna H. Boughton et vir to W. W. Armistead in Deed dated January 21, 1941, and recorded in the lleed RecorJs of Brazos County, Texas, and the original mechanic's Lien as well as the Vendor's Lien are renewed and extended herein. Signed: W. W. Armistead Martha S. Armistead Now, if we comply with our undertakings in said note or obligation till the same be paid or cancelled, as herein provided, then this Deed shall be void, and the property hereinbefore conveyed shall be released at our cost. But if default be mode in all or any one of the particulars mentioned in said note or obli ation which shall make the same due, then this Deed shall remain in force and the said Aline Brogdon Trustee or in the event of his death, or Absence from the said County of Brazos, refusal to act, or other discualifi- cation for the performance of the duties of his Trust, then at the recuest of the holder of said note or obligation, a substitute appointed by the holder of said note (who shall thereupon become the successor of said Trustee to the title of said property, and the same becomes vested in him in trust for the purposes and objects of these presents with all the powers, duties and obligations thereof), shall at the election of the holder of said note, proceed to sell said described property, or any part thereof, as one wh2le property, i or in one or more parcels or lots, as he may deem best for the interest of all parties I concerned, at public vendue, to the highest bidder, for cash, at the Court rouse door of the said County of Brazos, in the State of Texas, etween the hours of 10 o'clock a. m. and 4 o'clock p. m. of the first Tuesday in any month, first giving twenty-one days public notice of the time, terms and place of sale, and of the to be sold, by posting written notices thereof in three public places in said county, one of which shall be at the Court house door thereof, and upon such sale said Aline ?irogdon Trustee, or his successor in trust, as the case may be, shall execute and deliver a deed or deeds of conveyance in fee simple, with full covenants of warranty, of the property sold to the purchaser thereof, (e • recital wherein of the request of the holder of said note or obligation that he should proceed to sell, of the posting or publication of said notices, and in case of sale by a substitute Trustee, or the happening of any or either of the events xn king him successor in this trust, shall be received in all courts of 1 2w or equity, and to all intents and purposes, as full and sufficient proof thereof), and shall receive the proceeds of said sale, out of eirich shall be paid first the costs and expenses of executing this trust, including compen- sation to said 'Trustee, or said substitute, for his services, which compensation shall be five per cent. on the total amount received from said sale, and next the full amount due on said note or obligation (including any taxes, paying assessments or insurance premiums due or paid by said Association), and the remainder, if any, shall be paid to us or our legal representatives. And it is hereby pecially provided and agreed that tie recitals in the deed cr deeds from said 'Trustee conveying said property shall be prima facie evidence that ell the recuirements and provisions of this instrument have been complied with by him in advertlsi ::F an': making said sale. And we further agree to keep the buildings on the property in:pred in some reliable insurance company or companies against fire And tornado, in favor of said nryan tsuilding and Loan Association, for their full value, or for at leant the amount of said note when required to do so by the board of iirectors. c) ) 15_220 D wiTNESS our hands this.9th day of:uctober, 1941. Dr. . Armistead Martha- S. Armistead r nt:,1_'u5 i Before me, F. L. ienderson, e rotary ublic within and for tF . ,[ste and Count , oh this day personally-appeared Armistead known to me to be the p -rson v.• "ose name is subscribed to the foregoing instrument, and ac nc,;ledged to that he executed the same for the purposes and consideration therein expressed. 1.3a before me, on this day, personally appeared Martha S. Armistead, wife of said Armistead 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 har husba -d, and having the same fully explained to her by me,' she, the said Martha S. Armistead ackno- ledged such instrument to be her act and deed, and 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 9th day of October, 1941. F. L. Henderson, Notary Public, Brazos County, (o,AL) F. L. Henderson Texas. The foregoing is a true copy of the original instrument which was filed for record on the 14th day of October, A. D. 1941, at 4 o'clock p. m. and duly recorded on this the 16th day of October, A. D. 1941, at 5 o'clock p. m. to which I certify. A. B. Syptak, C. C. C. B. C Deputy _, (b) • • , • • { a • v 'LINTY OF BPAZOS 110 -502 De KNOW ALL MEN BY THESEPRE5ENTS: That we, W. W Armistead and wife •rtha S. Armistead, of the County of Brazos, State of 'Texas, for and in consideration of e sum of FOUR HUNDRED FIFTY & NO/100 DOLL!LRS, cash in hand nald by A.F. Chalk Jr. the •ceipt of which is hereby a cknoti ^,ledged; and the further considerfition of the assumption 4 4 Deed • agreement to pay the balance due on a Note in the original sum of 13,000.00, on a ertain Mechanic's Lien Note, executed by Edna H. Boughton, et vir, to 0.C.Hawley, a::,i in due course transferred to the Bryan Building and Loan Association, as showh by :..echanic's Lien Contract recorded in Volume K, page 79, t . L. L. Records of urazos ounty,Texas; said Note and Lien being also described in the 'eed from Edna H. Boughton et vir to W. W. Armistead, same dated January 21, 1941, and recorded in Volume 107, nage olb, Deed Records of Brazos County,Texas; and also being additionally secured by a Deed of Trust to Aline Brogdon, Trustee for the benefit of the Bryan Building and Loan Association, dated October 9th, 1941, and recorded in Volume 15, page 220, Deed of Trust lecords of Brazos County,Texas, to which reference is here made to all of said Instru- ments and their respective records for full description of said land, lien and note; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and convey unto the said A. F. Chalk (Alfred Franklin Chalk, Jr.) of the County of Brazos state of Texas, all that certain lot or parcel of land lying and being situated in Brazos County,Texas, and being Lot No. T ENTY -NINE (29) in Block NINETEEN (19), in the College Hills Estates Subdivision, leourth Installment, a plat of which is recorded in Volume 104, page 243, Deed Records of Brazos County,Texas; said property being situated in College Station, Brass 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 A.F.Chalk, Jr 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 A.F.Chalk, Jr. his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improveme ts, until the above des- cribed note and all interest thereon are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute. WITNESS our hands at Bryan, 7.exas this 1st day of August, A.D. 1942. 550 Revenue Stamps affixed Dr. W. W. Armstead and duly cancelled. Martha S. Armistead THE STATE OF TEXAS1 COUNTY OF BTAZOS 1 BEFORE MF , F. L. Henderson a Notary Public in and for Brazos County,Texas, on this day personally appeared W. W. Armistead and ::artha S. Armistead his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument and acknova edged to me that they each executed the same for the purposes and consideration therein expressed, and the said .:artha S. Armistead wife of the said W.N. Armistead having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said i:iartha S. Armistead, acknowledged such in- strument 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 re- tract it. Given under my hand and seal of office, this 1st day of August A.D. 1942. F. L. Henderson (F. L. Henderson) (SEAL) • Notary Public, Brazos County,Texas. The foregoing is a true copy of the original instrument which was filed for record on the 1st day of August, A.D. 1942 at 3:30 o'clock p.m. End duly recorded on the 3rd day of August A.D. 1942 at 10 o'clock a.m. to which I certify A. B. Syptaak,'C.C.C.B. . 1 • Y ;, Deputy 1a 1e. - :S21 D/T KNIIW ALL MEN EY THESE PRESENTS: ,•, Brazos I, A. • F. Chalk (Alfred Franklin Chalk, Jr.) ... of I h • County of Brazos and State of T• set. het m ft. i . -o led 4ranors ai:•t her or- or m•,r • f': ` RI:YAN 1: ":1.1 AND LOAN ASSOCIATION, a corporation, domiriltd at Bryan. Eraz•n C• arity T. hereinafter call, .1 d , ori „( TWO THOUSAND SEVEN HUNDRED FIFTY & NO /100 Dollars, wide • • d .o ••.u:, prounssory node of even date herewith, executed by Grantors, payable to the order of said Association. bearing int..r•est from date until ma' . :o1 u rot therein provided, interest payable monthly, said note being payable out of a total monthly payment of S 25,00 to be mad by Grantors :hied party on the 10th day of each month hereafter until fully paid, said total monthly payment to be applied first to the payment of the sum of $..... . on the lath day of each month hereafter Into a "taxes and insurance account" and the balance to be applied toward payment of a monthly installa.•at upon said note, said inst.•tllfnent to be applied first to the interest due and then to principal. all of said payments being payable :-t •dose of said Association in Bryan. Texas, HIV past due principal and interest bearing interest from maturity thereof until paid at the rate of ten per cent r annum. and with ten per cent additlnnd a attorney's fees thereon in case same shall be placed in the hands of an attorney for collection. suit or establish- , nt in any manner in any court, and jinn iding for maturity of the entire balance then unpaid at the option of the holder in event of default for more than ,• months in the puvment of al:y installment or of any monthly pa inent hereon. THE PAYMENT OF WHICH NOTE ACCORDING TO ITS TERMS GRAN - months •IftS DES:RE TO ASSCtRE AND SECURE TO SAID THIRD PARTY, in consideration of the sum of Ten Dollars (510.00) and of other good and valuable eon- - der:dinne in hand paid by Aline Brogdon .ocond party. hereinafter called Trustee, the receipt of which is hereby acknow- - deed and confessed. HAVE GRANTED. BARGAINED. SOLD AND CONVEYED. and by these presents do grant, bargain. sell alien. convey and confirm unto th.• said Trustee. and atsn to the Substitute Trustee. as hereinafter provided, all of the following described property. together with all improvements thereon. hcuraft.r placed thereon, as well as all betterments or addition thereto, and all and singular the rights and appurtenances to the same belonging or in ar.y- Incident or appertaining: BEING Lot No. TWENTY -NINE (29) in Block No. NINETEEN (19), in the College Hills Estates Subdivision, 4th Installment, College Station, Brazos County,Texas. This Deed of Trust is given as additional security on a Note of even date herewith in the sum of ;2,750.00, payable by me to the Bryan Building and Loan Association, and said Note being given in renewal and extension of the balance due on the Note assumed in the Deed from . W. Armistead et um to A. F. Chalk, and said Note con- stitutes a Vendor's Lien as well as the other liens therein shown, and said Deed and its record is her: referred to for full description of said land, liens and oblige- - tion. • I • r- 1 WHEREAS the Paid A, F. Chalk is a member . •f said Association end owns oar share of monthly reduction stock theme, �:d .share in also pledged herein as security for this loan an shown by stuck ce issued to (him or her). i s it is agreed that third party shall be eubrogated to all rights, lit•ns and title of the rholders of said original notes hereby r •sewed an e. tended and that li «ns • roil continue in full force an effect as security for the above described note, and Grantors espresaly acknowledge that said liens are valid. TO HAVE AND TO HOLD unto him (or her) the Said Truett•' and to his for tier) successors and asigns forever. the above- described property and pie- s, togethr with all and singular the rights and appurtenances thereto in anywlee belonging. And the said Grantors do hereby covenant with the seal 1 ..nilbed and land an imprn.e r that n and will Indebtedness WARRANT which AND this FOREVER trust DEFEND the title to the atm.- an secured hereof tint t. the said Trustee. his above /.sore and / against the lawful claims and demand. of all persons. Any title to the lands herein described hereafter acquired by Gren[ure or either ct therm or their assigns shall inure to the benefit of this trust. For the better Securing nt the payment of said note Grantors do hereby agree and bind themselves: 1. To pay the monthly payments herein provided for and aald indebtedness and all interest tbereo n promptly as the same become due and payable. • 2. To keep all fences. buildinga and other improvements now on the aald prettdaeP a hereafter put thereon. in good condition and repair and to permit waste on maid property and generally to do no act by which the value of the above- described premises may be impaired. 3. To Insure and keep teemed the Improvement on veld land against Inca or damage by o [Ire, to an amount not lees than the amount of the Indebtedm - ...cured by 1h1s deed f trust, nr, if the reasonable value of such Improvements abet! be leas than the mnnunl of the indebtednrea, to an amount not lesm Uo.n, the reasonable value of maid improvements; and against Inas by turuado or windstorm to an amount not lees than half of the nmsona vavalue d the intproy. rents on ea ld land, T:n1e - not 11te value of the land without Improvement shall be mol a titah fluty per cent greater than the amount of said id Indebtedness in which o rmm no tornado IrVnynee shall be required; all of said insurance to he taken out a• ith an Insurance company or companies r writ ., insurance by third party. its writ ts- or. nr aaSign. With lose. If any, payable 1..•UJrd party. nr other holder of said t, In, '' 0 and to deliver the pod icy or policies of insuranc as soon a.. e 0 to third party. or r other holder of maid indebtodnesn Any Benda collected by Third Harty or other holder of Bald indentednes• under any each instil a t nt p.lio•. may be credited thereon. or may at the option of Third Party, be expended In replacing or repairing the ImD deetroyod or damaged, irn•.pertive•1. f whether the said indebtedness es in default. • 16 -321 D/T • 1 To pay all taxers arrerement,. water p rates and other governmental charges levied against said premises as the sane, b• r%).•14 :,r.. •• pn••,npt!y d•- hc,r the. official receipts therefor to third party. 5 To pay any specific tax or assessment collected on Bald note from the holder thereof (other than present income tax) and to prey >,.d r. • x,u,out d. -•Iw- ti,m for any tax paid by Grantors. 6 Not to abandon said premises. 7. Not to convey said property without having the purchaser assume payment of said note. • s That in the event the premises described above. or any part thereof. shall be condemned and taken for public use und, -r the power of ,. ;NM. . nt domain, 11:.,1 p;, ray shall hate the right, at Its option, to require that all damages awarded for the taking of or damages to said promisee be paid to thud party, up t the area rat teen inlaid on the indebtedness secured hereby, and to apply the sum so received upon the principal of said Indebtedness. �. That if foreclosure proceedings, or sale under any second or junior lien of any kind be instituted, third party may at its option declare the indebtedness ma- rtin d hereby immediately due and payable. 10. To pay payment demand sum a deficiency In a "taxes and insurance account" set up as follows: The total monthly payment above rm ntion�. t mall be appf fia=t to the the apecifted on the first day of each month hereafter to the credit of "taxes and 1nsunuu a :oliot • u, ti•• natio- e•1 Grant ,', runt taxis open said property and premiums for insurance contracted for. including life Insurauce, shall be charged :r :unit said acc ount wk ., paid by fl party y In event the amount credited to said account shall not be sufficient to pay taxes and Insurance premiums when the same shall become due and payable, pay the deficiency In said account on demand. Third party agrees that upon full payment of all amounts due it, the excess in said account, of my. shall be returned to the owners of said property. Any conveyance of said property shall serve a, a transfer of said taxes and Insurance account without Cur- ttn,r at on the part of the property owners. The balance of the total monthly payment shall be applied first to interest due and then to the principal. Third party may. without being required to do so. pay any such taxes or assenements, or take out and maintain such Insurance, and all amounts so pald shall payable Immediately, without demand. bear interest from the dates when same were made until the payment thereof at the rate of ten per centum per annum, u:d shad be and shall stand secured by this deed of trust; and It is further understood that this deed of trust is made for the securing and enforce-tn.-nt of the pay- r: ,.f any other indebtedness Whatsoever which the said Grantors, or any of th.vu, may now or at any time or times hereafter owe or become indebted to third party. arry the however or Milder of said from indebtedness whatsoever v may s i n d defending may so mortgaged by purcha as well as any reasonable expenses Including attorney's fees y the title to g gr premises, all of which sums Grantors agree to pay, and all such Indebted- ., ness shall bear interest at the rate of ten per centum per annum from the date of accrual thereof until paid. and both principal and intrest 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 para- graph may be deducted from any funds in its hands belonging to Grantors, or at the option of Third Party may be added to the principal of the note secured hereby. but such action shall not prevent third party from declaring said note immediately due and payable, at its option, and proceeding to enforce tta remedy under this trust. The amount and nature of such advances shall be fully established by the certificate of any trustee acting hereunder, and 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, payments on the principal thereof shall be ap- plied first to the part not secured by lien until the same is Cully paid. In event the lien securing a part of said debt does not cover all of the above described pro- perty. payments upon the debt secured by lien shall be applied first to the part thereof which is not secured by all of the above described property. and then to the past winch is secured by all of said property. NOW SI-tOULD Grantors make prompt payment of said indebtedness and all interest due thereon, and other sums secured by this deed of trust, as the same hall became 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 coat and expense of Grantors. and But itbcase don said lt is made in nd t the ecppayment tt t any continue r a of taxes and insurance herein provided for or in the payment of any installment of principal period of two months, or should Grantors in any respect (ail to keep and perform any one or mare of the agreement., herein provided to be kept and performed by Grantors, or should it be discovered after the execution and delivery of this instru- ment, that there 1s a defect in the title of Grantors to said Premises. or that there as a lien or incmnbrance of any nature whatsoever on the same or a home- stead claim set up to the Dame. 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 happen- lag 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 in- d;•btedneas or any part thereof immediately mature and bcome payable and it shall thereon or at any time thereafter the same or any part thereof remain- mg m>paid be the duty of the Trustee herein, and of his successor or substitute as hereinafter provided, on the request of third party, or other holder of said indebtedness or any part thereof, (which request is hereby presumed) to enforce this trust and after advertising the time, place and terms of.the sale of all the above conveyed and described property for three consecutive weeks next before the day of sale. by posting or causing to be posted, written notices thereof rt three public places in each county where said real estate is situated. one of which shall be at the Court House door of each county. to sell the same in 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. between the hours of 10 o'clock a. m. and 4 o'clock p. m.. to the highest bidder for cash. selling all the property above con- veyed as an entirety nr in parcels an the Trustee acting may elect (all rights to a marshalling of security being hereby expressly waived), and make due con- ' veyance to the purchaser or purchasers. with general warranty. binding Grantors herein, and their heirs executors and administrators; and out of the money arising from such s ^le, the Trustee acting shall pay, first all the expenses of advertising. sale and conveyance. including a commission of ten per cent to him- self; and then to third party, or other holder thereof. the full amount of principal and Interest due and unpaid on said indebtedness as hcrebefore net forth together with attorney's fees thereon as in provided in said note. rendering the balance of the purchase money. if any. to Grantors. their heirs and assigns: end raid sari .shalt forever be a perpetual bar against Grantors. their heirs. assigns and all other pennons claiming under any of them. It Is expressly agreed that the recitals in the conveyance to the purchaser shall be full evidence of the truth of the matters therein stated. and all prerequisites to said sale be pre- . slimed to have been performed and said sale regularly and legally made. Third party or other holder under it shall have equal right to become the purchaser at such Dale. being the highest bidder. Notwithstanding anything to the contrary contained herein or in said note, third party shall have no power to collect from Grantors interest on the amount loaned in excess of ten per cent per annum and payment of said maximum amount of interest shall discharge all obligations of Grantors for payment of interest. This deed of trust shill not be Impaired by and shall not impair any other orcurity heretofore now or hereafter taken to secure payment of the debt secur- ea hereby. It in agreed that the liens securing said debt and any renewal or extension thereof and any power of sale which may hereafter be given to secure the Fame shall he prior and auperior in all things to the rights of Grantors and all Pers,ns claiming under them. in event title to said property paases from Grantors to some other person. third party may renew and extend said note with said other person without notice to Grantors and without impairing Grantors' persanal liability on said note. Grantors hereby assign to said Association any and all rents nn the premises herein described and authorize acid Association to take possession of said premises at any time there is any default nn 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 casts of collection and administration and to apply the remainder of such rents on the debt hereby secured. In the event of a fore closure under the power granted hereby. Grantors and their tenants andtor assigns in possession of said property shall thereupon become the tenants at wilt of the purchaser et styli foreclosure sale and shall become liable for and obligated to pay such purchaser a reasonable weekly rental therefor. and rh - seers 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 n writ of extitutinn hereunder and this right shall be in addition to other remedies available to such purchaser. This deed of trust and a trustee s deed e- ecuted under the powers created hereby shall be, in any action of forcible detainer, prima facie evidence of the existence of the • r tatlnnship of landlord and tenant as between the purchaser and Grantors, their tenants andlor assigns. The charter and t v -laws of Bryan 'Pudding and Lan 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 ease nr the absence nr death of the Trustee herein named. or his or her inability, refusal or failure to act. a successor and substitute may be named. censtitnted and appointed by third Party. or other holder of said indebtedness without other formality than an appointment and designation in writing; and this conveyance shall vest in him as trustee. the estate and title in all said premises and he shall thereupon hold. possess and execute all the title. rights, pow- ers and defies herein conferred nn said Trustee named. and his conveyance to the purchaser ahail_be equally valid and effective; and right to appoint a sue - (Timor or Substitute Trustee shall exist as often as and whenever from any of said causes, any Trustee, original or substitute, can not or will not act. Tt is further expressly agreed that. in ary event. third party is authorized at its option to appoint in writing a "Substitute Trustee to act instead of the Trustee named herein; and raid Trustee shall succeed to all of the rights, powers and duties herein conferred on the Trustee named herein. E ^;aerl this . , 1st day of August A. D. 19.42... Alf e.d..:Frgxiklin Che1k Jr, • INDIVIDUAL ACKNOWLEDGMENT THE STATE OF TEXAS Cant of Brazos 13.f r� Inc, the undersigned authority, on this day personally appeared A.F.Chalk °lfred Franklin chalk, Jr. %xr,own to mr . to he the person, (0) whose name (s) is subscribed to the foregoing Instrument, and acknowledged to me that he executed the same for the purposes and consideration therein express,: d. n und r toy hand and seal of office this the 1st day of August, , A. D., 19 42 F. L, Hea,e. 'aQA f F. L. Henderson) J' -'AI' Notary Public In and Inc for 3.razQ+g County, Texas WIFE'S SEPARATE ACKNOWLEDGMENT 1 IIE STATE OF TEXAS County of l: fin- nip• . the undersigned authurit y. ',n tai is day personally appeared wife ,d knoern to me to be the person whose name Is subscribed to the foregoing instrument, m: • • .. • n ..:.mum 1 by m -• privily and apart from her said husband, and having the name fully explained to her, she, the said acknowledged said instrument to be her act and deed, and declared she had willingly siOne• • 1,1 1m• por, e nd e „ nsiderat ion Or - rem , sic - , sued, and that she did not wish to retract it. und•.r toy hand au.! -: 1 of e ffi - - thin day of 10 Notary Public, County, Texas The foregoing is a true copy of the original instrument which was filed for record on the 1st day of August, A.D. 1942 at 3:30 o'clock p.m. and duly recorded on the 3rd day of Auf'ust, A.D. 1942 at 11:40 o'clock a.m. to which I certify •• ''yptak, C.C.G...C. 44 i -c ` > >_ Deputy THE STATE OF TEXAS j KNOW ALL MEN BY THESE PRESENTS : D /: COUNTY OF BRAZOS I WHEREAS on the 1st day of August, A. D., 1943, W. W. Armistead and wife Martha S. Armistead conveyed by Warranty Deed _ Lot No. 29 in Block No. 19 in the College Hills Estates Subdivision, Fourth Installment, a plat of which is recorded in Volume 104, page 243, Deed Re- cords of Brazos County, Texas; the consideration being $450.00 cash and the assumption of the balance due the Bryan Build - inb and Loan Association; said balance now being $2,686.60, and reference is here made to the aforementioned Deed which is recorded in Volume 110, page 502, Deed Records of Brazos County, Texas; and reference is further made to the Deed of Trust executed by Alfred Franklin Chalk, Jr. to Aline Brogdon, Trustee for the benefit of the said Association, to secure said Association then in the sum of $2,750.00, same being recorded in Volume 16, page 321, Deed of Trust Records of Brazos County, Texas; and WHEREAS at the time of the execution and delivery of said Deed, aforementioned, the said Alfred Franklin Chalk, Jr. agreed to pay W. W. Armistead the sum of $100.00 as part of the consideration of said conveyance; and WHEREAS, the said Alfred Franklin chalk, Jr. has made application to have the said association pay said w100.00, and has agreed that said Deed of Trust Lien shall be extended to cover said $100.00 as well as said amount now due on same; NOW THEREFORE, I, ALFRED FRANKLIN CHALK, JR. in consideration of the advance to me of the said sum of $100.00, to discharge said debt due W. W. Armistead, as part of the consideration of said conveyance, do hereby acknowledge the lien as set out in said Deed of Trust and that said Deed of Trust includes the said $100.00, and that same bears interest from date hereof at the rate of seven per centum (7%) par annum, the same as the said other obligation. Same to be evidenced by a note of even date herewith, and payable . to the order of the said Bryan Building and Loan Association in monthly installments of 19 -179 D/T if 4- i $5.00 each, same including both principal and interest; that said note is on a parity with the said note described in said Deed of Trust; and in the event of default of either of said 4 notes, then the holder thereof is fully authorized to empower the Trustee to sell the same for the purpose of discharging both of said obligations. And it is understood that all the conditions including the power of s-;le and other conditions set up in said Deed of Trust are made a part hereof, the same as if written herein. WITNESS MY HAND this the 4th day of August, A. D., 1943. Alfred Franklin Chalk, Jr. • THE STATE OF MISSOURI 1 1 COUNTY OF JACKSON T T BEFORE ME, the undersigned authority, on this day personally appeared Alfred Franklin Chalk, Jr. 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 OFFICE, on this the 6th day of August, A. D., 1943. A. C. Baltzley (SEAL) Notary Public, Jackson County, Missouri • My Commission Expires March 4, 1945 The foregoing is a true copy of the original instrument which was filed for record on the 26th day of August, A. D., 1943 at 11 o'clock a. m. and duly recorded on the 28th day of August, A. D., 1943 at 8 :35 o'clock a. m. to which I certify. A. :. Syptak, C C. C. S. C. 4o/ / Deputy YJ 1 1 1 "C 7, O KTTOV! ALL "'TT TTY" THESE :Ra;ET'PS r, con."idernti on of the peyne nt in full a 'cordinF. to the face 3::' en r certain promissory note dated the 1 day of Aur.ust, 1942, in the sum of "',?- to the nrrler of the RRYAy 1- ITT - M r )] . rr: A ?TT) LOATT ASSOCIATIOr, at B ryan, ex�is, (Iescri; ^. r: r'. r,i n 7"erl or Trust executed by A. Tr. r'TTALK (AL -MED "72ATTTZIN CHALK, •,T ?t.) to :;line i3ra•l. , Tr"ntr'e, r r thr‘ benefit of the RRYAN RTTILDIrn APTD LOAT' A:T:OCIATTOTT, dated the 1 day of 22 - 423 Flel• August 19 , and recorded in Vol. 16 on page 321 of the records of Deeds r,f Trust of Bruzc,:; County, Texas *-r the BRYAN BI'II'Trrr, AND LOAN ASSOCIATION of Brazos, County, Texas, the owner and holder (, said note, does hereby release he DL' ^D OT' TRUST lien shown by said DT ',D OF TRUST to f:zd:,t upon the following* described land, to secure payment of said note, viz.: i Being Lot 29, in Block 19, in the College Hills Estates Subdivision, 4th Installm lit, College Station, Brazos County, Texas. 1 This instrument is to release said Deed of Trust Lien and any and all other liens described therein, and to discharge the makers thereof from said obligation. The signature and seal of the BRYAN BUILDING A ??D LOAN ASSCCIATIUT' ';;fitness this 16 day of September 1947. (S7AL) iTi' ST: BRYAN BUILDING AND LOAN ASSOCIATION Aline Brogdon Secretary By Ivan Langford President TE STATE O? TEXAS 0 COUNTY OF BRA'?OS I BE'T'O '' ^ the undersigned, ,i Notary Public,>,n and for said Count , Texas, on this day personally appeared 17.11 LANGFORD, President of the BRYAN BUILDIY _ ::F LOA': , i ASSOCIATIrT', a corporation, known to me to be the person, and officer whose name is aubscribed , to the foregoing, instrument, and acknowledged to me that he executed the same' or the pur: uses and consideration therein expresed as the act and deed of said Lorporation and in the capacity therein stated. n,I.+ ^r r * r y ^ q T-y ' Al ) AND SEAL Or OFFICE', This 16 day of September, A.D. 1947. (SFAL) - F. L. Henderson Notary Public in and far Brazos County,Texas The foregoing is a true copy of the original instrument 1 hich was filed for reco. d -n the 22nd '?ay of September A.D. 1947 at 4:45 o'clock p.m. and duly re orded on the 23rd da of September A .D. 1947 at 11:35 o'clock a.m. to which I certify. ■ A. R. Z",YP"Ai .,.B.C. 2 -4E----/ j h '' . ,�Jeduty mow:. _ _ -_- a • / 0 • 4 , J , -'& '- l _ iJl ( . . ... .. ... .,.. .. .. h0 .. I �:. , .. , ._rIr•ie 1 .alk o; t a' . County of Brazos, NIFTY li0 /100 Jot • , , . ..oneta J. «ill iiamson as follows: CAI:i, e.i ei; n.i t:te : ;rrthtrr c)nsider:,tion of the sum of ,3 . , e-„ior's lien pr,;misory note of even date .Zerewith pa and Loan A:> ..)cir,tion, at Bryan, Texas, in mont :1y ins including bot - 1 principal and interest, the first installment r. Hi • ,.c-o'rer 10, 1947, and a like installment due and payable on or r until the entire principal sum, to .:toer wit:t in' re: :• • . s .1 1 not . rovi :in - for past due interest, accelerate, ::at,:r'. t,: , in tle e _ :t. or der._ult and said not is placed in the .lands of ') lected by le ; ;a1 proceedin ~s. :«e ::e :•eby transfer and ass i :n all ri ght title and interest we ....,✓e in .. 0 to e :e scribed property by virtue of said lien and note unto the Bryan Building and Loan ion, it iavin; paid us said sum of .,3,750.00. ir)ve Jra -ted, sold and conveyed, and by tr.ese presents do Jrant, sell and convey unto t... said :•.arion N. •+iliiamson Jr. and itoneta J. oilliamson of t :e County of Brazos, State of Texas all t at certain lot or parcel of land, lying and being situated in Brazos fexas, and being Lots Twenty -Nine (29), in Block Nineteen (19) in tae College Hill Division, r'ourt t installment, a plat of which is recorded in Volume 104, pa -e ..ecords of Brazos County, Texas; said property being situated in College Station, Brazos ;ounty, fexas. nd being the same property conveyed to A. F. C :.alk (nlfred Franklin Caalk, Jr.,) b_ hrrrist.ead, et ux, by deed dated August 1, 1942, and recorded in Volume 110, Pa =e 502, ^ - : of Brazos County, Texas. 10 Tin':: -0::) TO tiOLD trie above described premises together wit,1 all and sin- :ular, t..e ri its and appurtenances thereto in anywise belonging unto the said iiarion 1 . . illianson n::d i1.oneta J. +yilliamson, taeir weirs and assigns forever; and we do -lereby bind ourselves, our ..eirs, executors and administrators, to Warrant and Forever +✓efend all and sin:ular the said premises unto the said Iiiarion N. oilliamson Jr and i•.oneta J. Williamson, their :.nd a ss i *ns , against every person whomsoever lawfully claiming, or to claim t to same, or any part thereof. • ;;,,t it is expressly agreed and stipulated that the Vendor's Lien is retained r:-=:inst *,he above described property, premises and improvements, urtil tle above described note all interest thereon are fully paid according to its face and tenor, effect and re in ,J ea t.tis deed shall become a bsolute. { witness our - .ands, at Bryan, Texas ti is 12 day of September, A.L. 1947. ,$O.F,O ;revenue Stamp affixed Alfred Franklin Cnalk Jr duly cancelled. :Marie Chalk i is E OF TEKhO f 0 Y OF B ;c«;.U1 1 L_ FJRE ME, the undersi lied authority a Not Try Public in .n i 0r-+zos County, Texas, on this day personally appeared Alf red Franklin :;halk kn.) to r:c t ' be «,ae person whose mime is subscribed to the fore :oing instrument, and ackn.wled- to ,. t:,;,r, e executed tite same for the purposes and consideration therein expressed. 131 -543 Dec.cl -- -s C,iven under my hand and seal of office, this 12 day of September t..). 1947. F. L. fenderson Notary Public i:. (. for Brazos Count ,Texas. JF OY tsELL 1 :3 .. j:LE 11::, the undersigned authority a iiotary eublic in bra_os .;ounty, Texas, on this day personally appeared Marie Cf.alk, wife of Litre. alK Known to me to be the person whose name is subscribed to the fore , and :saving been examined by me privily and apart from her husband, and avin- t..e s-:me fully e_tnlained to her, sne, the said Marie C-:alk ackhowled?ed such instrument to be ner a ct . deed, and sie declared that sne had willingly signed the sarre for the purposes anY con - .,ideration therein expressed, and that she did not wish to retract it. ,riven under my Nand and seal of office, this 15th day of September, A.J. flnna Louise Miller notary e in (:is.L) and for Bell County,. . fore oin * is a true copy of the original instrument wnich was filed for r;cord on t :e 22nd day of Sent. A.J. 1947 at 4 :45 o'clock p.m. and duly recorded on the 25th day of Sept. A.J. 1947 at $:30 o'clock a.m. to wnich j certify A. B. Syptak, C.C.C.B.C. �.t� -st 'A 21 l' a1.� Deputy • • THE STATE OF TEXAS. KNOW AI.L MEN BY THESE PRESENTS. COUNTY OF •;;e 'Irjnn T :. ',Til) rnson, Jr., avid : :1fe, :'cneta >71? That ' of the County of ? ira zos and State of Texas, hereinafter called Grantors. whether one or more. BEING JUSTLY INDEBTED TO BRYAN BUILDING AND LOAN ASSOCIATION. • corporation, domiciled at Bryan, Brazos County Texas. hereinafter called Third Party. In the sum of .�� ; T-. rrt Tr'iTr ' rp. rr.'- ' ?' »',7 7r F r 0 ilvU Dollars, evidenced by one certain promissory note of even date herewith. executed by Grantors. payable to the order of said Association. bearing interest from date until Inatur- Ity at the rate therein provided. interest payable monthly, said note being payable out of a total monthly payment of S to be made by Grantors to third party on the 10th day of each month hereafter until Cully paid, said total monthly payment to be applied first to the payment of the sum of 8 on the 10th day of each month hereafter Into a "taxes and Insurance account" and the balance to be applied toward payment of a monthly installment of $ s 1 i upon said note. said installment to be applied first to the Interest due and then to principal. all of said payments being payable at the office of said Association in Bryan. Texas. all past due principal and Interest bearing Interest from maturity thereof until paid at the rate of ten per cent per annum. and with ten per cent additional as attorney's fees thereon In cane same shall be placed in the hands of an attorney for collection, suit or eatablleh- ment In any manner In any court. and providing for maturity of the entire balance then unpaid at the option of the holder In event of default for more than two months in the payment of any installment or of any monthly payment hereon. THE PAYMENT OF WHICH NOTE ACCORDING TO ITS TERMS GRAN- TORS DESIRE TO ASSURE AND SECURE TO SAID THIRD PARTY. In consideration of the sum of Ten Dollars (510.00) and of other good and valuable con- siderations in hand paid by ALINE BROGDON. second party. hereinafter called Trustee, the receipt of which is hereby acknowledged and confessed. HAVE GRANTED. BARGAINED. SOLD AND CONVEYED. and by these presents do grant. bargain. sell alien. convey and confirm unto the said Trustee, and also to the Substitute Trustee. as hereinafter provided. all of the following described property. together with all improvements thereon. or hereinafter placed thereon, as well as all betterments or addition thereto. and all and singular the rights and appurtenances to the same belonging or in anywise incident or appertaining: Lot 29 in Rlock 19, "ourth Installment of Co11ei e ills T:states :,ubdivi ;icr., ?.r_ r.' e ',it of ' olle7,e 7tation, Brazos County, Texas; and beinr. tie s. , roperv • ccnveyed to A. ". Chalk by 'T. W. Armistead, et ux, by deed dotted :`,u'ust , and recorded in Vol)une 110, page 502, Deed Records of Brazos Countr `texas. • vendor's lien THIS DEED OF TRUST is a renewal and an exteoaion of • note and lien securing came. which has been transferred and assigned to said Association in a ..de.ed and this deed of trust In no WINO affects or impairs the original Bens except as herein extended and renewed. :Mil deed of even date herewith wherein said property was conveyed to us bar Alfred ran' in ^,`:al'; et ux and the vendor's lien is retained herein as well as in s aid ?r e-? ':n',i1 ±.he entire I rinci' - nl sun together with interest thereon is fully p.11. I. • • °., (gin ?', non Jr. WHEREAS the said t 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 shows 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, and Grantors expressly acknowledge that said liens are valid. TO HAVE AND TO HOLD unto him (or her) the said Trustee and to his (or her) successors and asagna forever. the above.deacrlbed property and pre- mises, together with all and singular the rights and appurtenances thereto In anywise belonging. And the said Grantor. do hereby covenant with the Bald , Trustee and his successors, that the Indebtedness for which 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 suc- eoeanrs and assigns. against the lawful claims and demands of all persons. Any title to the lands herein described hereafter acquired by Grantors or either of them or their assigns shall Inure the benefit of this trust. • • 4 • 1 For the better 'securing of the payment of said note (Mentors do hereby ■free and bind themselves: 1. To pay the monthly payments herein provided for and said Indebtedness and all Interest thereon promptly ea the same becomes due end payable. To keep all fences, buildings and other improvement. the value the ai d p r e mise or hereafter put thereon, in good. condition and repair and to permit not waste on said property and generally to do no act n of premises may be Impaired. 9. To Insure and keep Inured the Improvements on said land against loss or damage by fire, to an amount not less than the amount of the indebtedness secured by this deed or trust. or. 0 the reasonable value of such improvement. shall be less than the amount of the Indebtedness, to an amount not less than the reasonable value of said improvements; and against loss by tornado or windstorm to an amount not less than half of the reasonable value of the improve- manta on mid land. unless the value of the land washout improvements shall be more than fifty per cent greater than the amount of said indebtedness. In which case no as turned. insurance shall be required: all of said insurance tr. be taken out with an Insurance company or cnmpenles approved by third party. Its success- urs r sign, with loss If any, payable to third party. or [her holder of wild indebtedness; and to deliver the policy or policies of Insurance as soon an written, to third party, or other holder of said Indebtedness. Any funds collected by Third Party or other holder of said indebtedness under any such insurance policies may ay[ be reditedii thereon. (torus s ren the notion of 1 bird Warty, be expended In replacing or repairing the tnprovera•nts destroyed or damaged. irrespectively of 4. To pay all taxes, aasesements- water rats and other governmental charges levied against said premises as the same become payable and to promptly de- liver the official recedpes therefor to third art 5. To pay a..y pee c tax collected on said note from the holder thereof (other than present income tax) and to pay said note without deduc- tion for any paid tax by 6. Not to abandon Bald premises. 7. Not to convey said property without having the purchaser assume payment of said note. h 8. That In the event the premises described above, or any part thereof. shall be condemned and taken for public use under the power of eminent domain. third en on the indebtedness sec red hereby. that all damages e sum apply awarded received[ taking or damages to said premises paid to third party, up to the amount y DD pty Y D the principal of f said indebtedness. 9. That If foreclosure proceedings, or sale under any second or Junior Ilen of any kind be instituted, third party may at its option declare the indebtedness secured hereby immediately due and payable. 10. To pay upon demand any deficiency to a "taxes and insurance account" set up es follows: The total monthly payment above mentioned shall be applied first to the payment of the sum above specified on the first day of each month hereafter to the credit ef,'•taxes and insurance account" In the name of Grantors, and taxes upon said property and premiums for insurance c mtracted for, including life insurance, shall be charged against said account when paid by third party. In event the amount credited to said account shall not be sufficient to pay taxes and insurance premium. when the same shall become due and payable, Grantors agree to pay the deficiency in said account on demand. Third party agrees that upon any. shall be returned to the owners of said property. Any conveyance of said property shall serve a a transfer of said ta and insurance account without fur th act on the part of the property owners. The balance of the total monthly payment shall be applied first to interest due and then to the principal. Third party may. without being required to do so. pay any such taxes or assessments. or take out and maintain such Insurance, and all amounts so paid shall be payable Immediately. without demand, bear Interest from the dates 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 or trust: and it is further understood that this deed of trust is made for the securing and enforcement of the pay- ment of any other indebtedness whatsoever which the said Grantors. or any of, them. may now or at any time or times hereafter owe or become indebted to third party. however or from whatsoever source said indebtedness may t ccrue or arise including by purchase as well as any reasonable expenses including attorney's fees which the holder of 'said indebtedness may incur to defending the title to said mortgaged premises. all of which sums Grantors agree to pay, and all such indebt- edness 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 la expressly understood and agreed that any additional amounts advanced by third party in accordance with this para- graph may be deducted from any funds in Its hands belonging to Grantors. or at the option of Third Party may be added to the principal of the note secured hereby. but ouch 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 estahltahed by the certificate of any trustee acting hereunder, and 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, payments on the principal thereof shall be applied brat to the part not secured by lien until the s -me 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 applied first to the part thereof which is not secured by all of the above described property, and then to the part which Is secured by all of said property. NOW SHOULD Grantors make prompt payment of said indebtedness 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 coat and expense of Grantors. But in case default is made in the payment of any installment of taxes and insurance herein provided for or in the payment of 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 execution and delivery of this instru- ment. that there is a defect In the title of Grantors tn said premises. or that there is a lien nr incumbrance of any nature whatsoever nn the same or a home - aterd claim set up to the same, adverse to this trust. and Grantors shall not, en 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 ineumhrancp or homestead claim. then. upon any such default or failure. or upon the happening of any such other contingencies. the whole amount of mid indebtedness tea unpaid 'shall at the option of third party or other holder of said indebt- edness or any part thereof immediately mature and become payable and It shall thereon nr at any time thereafter the same or any part thereof remain- ing unpaid he the duty of the Trustee herein. and of his eneeerenr or euhet'tute as hereinafter provided. on the request of third party, or other holder of said Indebtedness or any pnrt thereof. (which request is hereby presumed) tn enforce the trust and after advertising the time, place and terms of the sale t all the above conveyed and described property for three rnnaecutjve week+. next before the day of sale. by posting or causing to be posted, written notices thereof at three public places in each county where said real estate is situated one of which shall be at the Court House door of each county. to sell the same !e accordance with such advertising. at public auction In front nf the Court IT- use of the l'nenty In which said property or a part thereof is located, on the first Tuesday in any month, between the hours of 10 o'clock a. m. and 4 o'clock p. m.. to the highest bidder for cash, selling all the property above con - veyed ea an entirety or in parcels as the Trustee acting may elect (all rights to a marshalling nf security being hereby expressly waived), and make due en- reyance to the purchaser or purchasers. with gener ^l 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 ell the expenses of advertising. sale and conveyance. Including a commission of ten per cent to him- self: and then to third party, or other holder thereof the full amount of prin&nol and i °te -=et doe end unpaid on said indebtedness en heretofore set forth together with attorney's fees thereon as la provided in a ^reel note. rendering the balance of the purchase money, if any. to Grantors, their heirs and asatgna: end said sale shall forever be • perpetual bar against Crrntnrs. their heirs. resign. and all other persons claiming under any of them. It is expressly agreed thrt the recitals in the conveyance to the pirchaser shall he fail evidence of the truth of the matters therein stated. and all preregisites to said sale be pre- sumed to have been performed. and said sale regularly and legally made. Third party or other holder under it shall have equal right to become the purchaser at such sale. being the highest bidder. Notwithstanding anything to the contrary contained herein or In said note. of Interest shall discharge all obligations of Grantors for payment of Interest. loaned in excess of ten per cent per annum and payment of said maximum amountthlyd party shall have no power to collect from Grantors Interest on the amount This deed of trust shall not be impaired by and shall not impair any other security heretofore nnw or hereafter taken to secure of the debt secur- ed hereby. It is agreed that the liens 'securing said debt and any renewal or extension thereof and any power of sale which may hereafter be given to secure the same shall be prior and superior in all things to the rights nf 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 with said other person without notice to Grantors and without impairing Grantors' personal liability on said note. Grantors hereby assign to said Association any and all rents on the premisee herein described and authorize said Association to take possession of said premises at any time there is any default on the part of Grantors in the perforn of any obligations herein imposed and to rent the same for the account of Grantors and to deduct from such rents ell costs of collection and ndministr: tion and to apply the remainder of such rents on the debt hereby secured. In the event of a foreclosure under the power granted hereby. Grantors and their tea ants and /nr assigns in pos.esslon of said property shall thereupon become the tenants at will of the purchaser at such foreclosure sale and shall become liable for and obligated to pay such purchaser a reasonable weekly rental therefor, and should such tenant refuse to surrender possession of arch 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 detainer, prima facie evidence of the existence of the relationship of landlord and tenant as between the purchaser, and. Grantors, their tenants and /or assigns. charter and hereof, . and the inst rum is I to be construed in connect] n w 'sainting, or as hereafter made, altered, or amended are expressly made a part In case of the absence or death of the Trustee herein named. or his or her inability, refusal or failure to act, a successor and substitute may be named, constituted and appointed by third party. or other holder of said indebtedness without other formality than an appointment and designation in writing; and this conveyance shall vest In him as trustee. the estate and title in all said premises and he ''shall thereupon hold. possess and execute all the title, rights, powers and duties herein conferred on said Trustee named. and his conveyance to the purchaser shall be equally valid and effective: and right to appoint a auc- cessor or Substitute Trustee shall exist as often as and whenever from any of said causes, any Trustee, original or substitute, can not or will not act. g 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 succeed to all of the rights, powers and duties herein conferred on the Trustee named herein. Executed this 12 September day of A. D., 19....47 1 arion P'.. Williamson, Jr., T "oneta T. Williamson THE STATE OF TEXAS INDIVIDUAL ACKNOWLEDGMENT • • County of 11- -?,A "(7ti Before me, the undersigned authority, on this day personally appeared T'a r1 On Tv known to me to be the person whose name / (9CX 1 S subscrib to the foregn]rg 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 1 day of September, 1947. F. I.. 7.ende rson ) a'r Notary Public in and for Bazos County, Texas. THE STATE OF TEXAS WIFE'S SEPARATE ACKNOWLEDGMENT County of i.eCCTTLLCCTT Before me. the undersigned authority, on this day personally appeared T "Qnet.e, J, Williamson 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 said husband, and having the same fully explained to her, she. the said .. • r, .,i.11ia.aan acknowledged said Instrument to be her act and deed, and declared she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVrN under my hand'and seal of office. this .]..J day o[....a.eptemllEr L....1.7. (`lTAT) Leonard C. Atherton Notary Public in and for McCulloch The forepoina is a true copy of the oririnal instrument which was filed for re 4:45 p. r , September 22, 1Q47, and duly rocorded at to `Olio!: 7 certify, 5:00 p. r7., teptember.23, 194, , Deputy TAX CERTIFICATE STATE OF TEXAS COUNTY Or BRAZOS College Station, Texas 10 3 47 I, Tax Assessor- Collector for the City of College Station, Text's, hereby certify that I have made a careful check of the delinquent tax rolls 5n use in my office, and did not find a record of any delinquent taxes a, :a.inst the following described property, up to and including the year 1947, except for the years 19 • Amount Delinquent Current $ 36.00 Total $ 36.00 Block Addition Lot or Abst. or acres or survey 29 19 College hills Rendered in the name of A. F. Chalk, Jr, for the year 19 47 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 taxpayer or Abstract and Title Company who wishes to check them. This certificate includes school taxes beginning with January 1, 1945. For clearance on school taxes for previous years, a certificate should be Otained from A. & M. Consolidated Independent, School. ax ss: s$or- o ' ec or, 1 0 College Station, Texas TAX CZ_RT1FI C iTE THE STATE OF TEXAS § COUNTY OF BRAZOS Bryan, Texas, Jct. 21 19 4 I, I. N. Weedon, Tax Assessor - Collector for Brazos County, Texas, hereby certify that I have made a careful check of the delin- quent tax rolls in use in my office, and did not find a record of any delinquent taxes against the folio ink, describes: property, up to and includin,7 the year 19 , except fnr the years 19 47 • Amount delinquent 3 Current $ 12.02 Total 12•02 • • Lot or Block Addition Abst.: or acres: or Survey: 29 1 u Xo1 i.e�a Rendered in the ;game of A. F. Chalk for the year 19. 47 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. 1. eedan Tax Assessor - Collector, Brazos County, Texas By: . Deputy. �,. .. t THE STATE OF TEXAS COUNTY OF BRAZOS THE BRAZOS COUNTY ABSTRACT COMPANY, INC., hereby certifies that the above and foregoing Supplemental Abstract of Title taken in connection with Abstract of Title ;;umber 3008 dated ;;ay 5, 1941, and prepared by the Brazos County Abstract Company, Inc., contains photographic copies taken from the actual record of each and every instrument filed and rccorded in the offices of the Clerk of the District Court and Clerk of the County Court of Brazos County, Texas, affecting title to the property described on the caption here- of, from the sovereignty of the soil down to date hereof. • we also certify that the herein abstracted proper- ty lies wholly within the City of Bryan, Brazos County, Texas and that this abstract contains .TH RTY NINL (39) pages. we do not certify as to taxes but show on page 37 tax certificate from the City of college Station, and on page 38 tax certificate from the County of Brazos, Texas, showing condition of sane. WITNESS OUR HAND AND CORPORATE SEAL at Bryan, Texas, this the 23rd day of September, 1947 at 5 :00 o'clock p.m. BRAZOS COUNTY ABSTRACT COMPANY, I NC. BY. 41 ' Coulter roppess president a • r • 7oi SUPPLEMENTAL ABSTRACT Op TITLE (supplementing our Abstract Dumber - 3008`) TO • Vr Lot Number TWENTY NINE (29) in Block NINETEEN (19), Fourth In- stallment of college gills Es- tates Subdivision, in the city of college Station, Brazos coun- ty, Texas, in the name of Marion N. Williamson et ux FOR Bryan Building and Loan Association PREPARED September 23, 1947 BY BRAZOS COUNTY ABSTRACT C OT P NY, INC. BRYAN, TEXAS No. 5565 — r •1 ' I- N -D -E -X Find of Abs t . Grantor ^rntee Instrument -- rook -- Pae -- Record - -Page Title page 1 Index 2 First State Bank Colle e Hills Estates Co..Rel...16...183....Rel.... 3 College Hiles Es.Co E. Boughton et vir Ieed..134..315....Deed... 5 Edna Bough ton et vir.W.S. Hi ,Tr L /T...12...467....D/T.... 7 W.J. Coulter Edna Poughton et vir Re1...16...214....Rel.... 11 Edna Boughton et vir..0.7. Havley b° /L...1....7 M /L.... 13 G.S. Parker Lbr.Co....Bryan Bldg. & Loan Assn ...Assicrn.197.617 Deed... 17 Edna Boughton L'r.W.W.Armistead Leed...1j7.616....D eed.. 19 '\�.V,.Armistead et ux...Aline Brogdon D /T....15..223....D /T.... 21 W.W.Armistead et ux...A.F.Chalk, Jr Deed..119..532....Deed... 25 A.F.Chalk, Jr Bryan Bld '. & Loan VT...16...321....1)/T.... 27 A.F.Chalk, Jr Bryan Bldg. & loan D /T...19...179....D /T.... 29 Bryan Rldg & Loan A.F. Chalk, Jr Rel...22...423....Rel.... 31 A.F. Chalk, Jr M N Williamson, Jr Deed..131..543....Deed... 33 M. N. Williamson,Jr...3r;y� n Bldg. & LoaLl �i�T...31...497....;/T.... 35 Tax Certi*icate, City of College Station 37 Tax Certifi.cate,County of Brazos 38 Abstracter's Certificate 39 t rolloolled . ‘u, .TATE OF TEXAS 2,=_Y F BRAZes 1 KNOW ALL i 1;Pd BY THESE PRESET; iHBR _1-, on the 10th day of August, A. D. 1937, His Minnie Dana., e, el,' u 1 , .• of Brazos, State of Texas, did execute, acknowledge and deliver to J. e. ;el of t:.e County of Milam, State of Texas, a certain Deed on the following deecribed eel cetate: Lyinb and being situated in Brazos County,, Texas, being 200 acres of don __ el Carter survey; said deed being duly recorded in Vol. 94, page 231, Dced aeee 2 Texas, in which deed .a Vendor's•Lien was retained to secure ;;'._e _1-;::e . , . pf six (6) ce_•tain Vendor's lien notes executed by the said J. C. Culpepper and , the order of i::it Dansby; each for the principal sum of 35,000.00, due an? .___ on _ before the loth day of August, 193D; 1939; 1'40; 1941; 1942 and 1943, res-cctivel;;, with interest at the rate of Six (6;0) per cent per annum; and the said J. C. Culpepper, as ;du ticnal_ security to the said notes executed and delivered a Deed of Trust to J. P. Dulaney as Trustee, for the benefit of the said M'it Dansby, same being recorded in Vol. 6, l ee 356, Records of Deeds of Trust of Brazos County, Texas, reference is here made to said Deed and Deed of Trust for a more particular description of said notes, lien and land; and LEAS, on July 6th, 1938, by deed recorded in Vol. 96, page 592, Deed Records of -_razes County, Texas, the said J. C. Culpepper conveyed said property to COLLEGE i L' ,.::_.�:;Y, a Texas Corporation; and, a portion of said land was sub- divided into lots, as shown by plat duly recorded in Vol. 104, page 243 -4, Deed Records of Brazos County, Texas, and the said McLLS BSTATES CO :_'ANY has conveyed unto Edna H. Boughton the follo:,ing described lot, trace. _ _ cel of land as shown by said plat, to -wit: All of Lots Nos. 14; 15; and in Bloc' ::o. 18; and all of Lots Nos. 4; 7; 24; 25; 26; 27; 28 and 29 in Block No. 19; el_ of Lots Nos. 13; 14; 15; 16; 17.; and 18; in Block Number 21. r :e8.:O i ALL i.�,N BY ^l: SF RESE":TS, that FIRST STATE B : : AID TRUOT 7 =, Bryan, Texas, the present owner and holder of said notes and said liens, in ' e _ the -premises and of the payment of the sum of TEN A_ e I /100 (e10. CC ) L a id :_ELLS ESTATES CAL: 'ANY, the receipt of which is hereb ,, achnseleeeed, this day and by these presents does RELEASE, DISCHARGE and QUIT- CL. ;II.: unto Ldna H. eu eton, her heirs and assigns, all the right, title and interest in aed „_ said lot:, aforesaid, which it has or may be entitled to by virtue of said Deed cf T notes, deed and vendor's lien, and does hereby declare said lien fully R_L ED are] ":..:.,;ED in so far Ts it applies to the land herein released, but no further; it eneereteol end agreed and expressly stipulated that this release is only iartiai, leele - r ,i one the said lots aforesaid, and shall not effect or impair t'._ of _eid to the remainder of said property not herein released. • e eTey ee the FIRST STATE BANK AND Tie-1.T , d uT r �+ ..., .; `l CU,.a'. vl, Bryan, iC:aa, Leo C(1 .:. enente to be executed by it': Vice- lrceident, and the impress of it's C r, _. yar,, .Tc:;as, this 2')t day of August A. D. 1940. ,IRST TATE BA I: .uiD TRU6T C Ii uATvY • By J. N. Dulaney Vice - .'resident J. N. Dul an ey • • • • • • • • V r; a 1 :, ;TXr L OF TEXAS I 104 -315 need NUNTY OF BR ZOS 1 Ia OW AL.. i,XN BY THESE PRESENTS: That the College l.ills Estates Co-_ rt Texas. Corporation, with its principal office at Bryan, Brazos County, Asas, act::. .ro,i:h its President, J.C.Culpepper, and pursuant to General Resolutio of the sot :r: r, . _ _•: . '• 1,i corporation, a copy of which is of record in Volume 97, psse 125, of - : .. .;,u:;::.. :)c -d Records , for and in consideration of the si :. os Soss ",'house.__. ss .'re., _v. ity and N0 /100 (;4620.00) Dollars, to it paid by Ldna i:. Boughton, out of 1 ;,: c fund s :.nd estate as follows: Twenty Nine Hundred 'Twenty Dollars (v2,920.00) paid in CAM: by .:rs. sdns h. Boughton out of her separate funds, and the further sum of seventeen '.:n red Dollars (;,1,700.00) paid to grantor by W. u. Coulter representing the proceeds of one certa n promissory note of even date herewith, executed by -• -rs. Edna H. Boughton and H. E. Boughton and payaLle to W. J. Coulter, said note being for said sum of ,tr1,700.00 and bein due on or before two (2) years after date, bearing interest from date until paid at the rate of 7114 per annum, and being additionally secured by a deed of trust coverins the hereinafter described property. Said t1700.00 was this day used in paying that portion of the purchase money for said land and its is stipulated that the vendors lien is retained in favor of said W. I. Coulter against said property until said indebtedness snd all interest hereon be fully paid according to the tenor and effect of said note, when this deed shall Ss become absolute. HAVE GRANTED, SOLD IL :Li CONVEYED, and by these ' resents do Grant, Sell and Convey, unto the said Edna 1:. Boughton, of the County of Brazos, itate of Texss, all that certain tract or parcel of land lying and being situated in Brazos County, Texas,and is a part of ifourth sss Installment College Hills Estates Subdivision a plat of which is of record in volume 104, page 243 and 244 of the Brazos County Deed Records, and the land hereby conveyed is described as follows: BEING all of Lots Numbers Fourteen (14), fifteen (15) and Si teen (16), in Bloch .;umber Eighteen (18); and all of Lots :Numbers Twenty -Four (24); Twenty-Five (25); Twenty -Six (26); Twenty -Seven (27); Twenty -Eight (28) and Twenty-Nine (29) in Block Number Nineteen (19); and all of Lots Numbers Thirteen (13); Fourteen (14); Fifteen (15); Sixteen (16); Seventeen (17) and EiEhteen (18), in Block Number Twenty -One (21). The above described real estate is conveyed to grantee subject to the corrected restrict- ions imposed on all real estate in Fourth Installment of College Hills Estates shown of re- cor• in Volume 104, page 240, of the Deed Records of Brazos County, Texas, which restrictions g are hereby referred to and trade a part hereof. 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 Edna H. Boughton, for her sole I• use and benefit, and her heirs and assigns forever and it does hereby bind itself, its suc- cessors and as:.isns, to warrant and forever defend, all and singular the said premises _:ato ' the said Edna Ni. Boughton, for her sole use and benefit, and her heirs and assig .s against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. IN WITNESS E'J.1 '.,i:E EOF , the College Hills Estates Company, has caused this deed to be Executed in its na.'ne and behalf by its President J. C. Culpepper and Secretary i. E. Boughton, and has caused its corporate seal to be hereto affixed at its office in the City of Bryan, Brazos County, Texas, on this the 26th day of August, A. D. 1940. (SEAL) - COLLEGE HILLS ESTATES COMPANY Attest: N. E. Boughton By: J. C. Culpepper (iN. E. Boughton) - Secretary (J. C. Culpepper)-President ($3.30 Revenue and $1.50 Note stamps affixed and duly cancelled) i ft 31F • 104 -315 Feud THE STATE OF TEXAS 1 ' COUNTY OF BRAZOS 1 BEFORE ME, the undersigned authority, on this day p rsonjlly eppear- ed J. C. Culpepper, President of College Hills Estates Company, :_nov;n ±,o :pie to be J e per - son whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the sane as the act and deed of said Corporation, and for the purposes and con- sideration therein e ::pressed, and in the capacity therein stated. GIVEN under my hand and seal of office this the 26th day of August, 1940. (SEAL) Ben D. Alexander, Notary Public in and for Brazos County, Texas The foregoing is a true and correct copy of the original instrument which was filed for record on the 29th day of August A. D. 1940 at 10:45 o'clock a.m. and duly recorded on the 1! 29th day of August A. D. 1940 at 11:20 o'clock a.m. to which I certify. =nk Worsham, C.C.C.B.C. IF Deputy TN 4 / • • 1 I T STATE OF TEXAS • C.,LI:TY OF BRAZOS [ KNOW ALL LEIS BY THESE PRESEP S • 12 -467 D/T That ;fie, Irs. Edna 11. Boughton, joined by her husband, N. E. Boughton, of Brazos County, Texas, hereinafter styled parties of the first part, (and considered in tr sense whether one or more) in consideration of the sum of One Dollar in hand the plural of the first pert, by W. S. Higgs, paid to gg s , Trustee, party of the second part, of Bra ,:_ County, Texan, the receipt whereof is hereby'rcknowledged, and of the further consideration uses, purposes and trusts herein set forth and declared, have Granted, Bargained sold ' Aliened, Conveyed and Confirmed, and by these presents presents do Grant, Bargain, 5 e11, Alien, t;onvtT and Confirm, unto the said party of the second part, and also to the Jubstitute Trustee, as hereinafter provided, all of the following described property, lying and situated in the County or Brazos,n o _ ,a.e,_ Texas � �,, t o -vri t 12.467 D/T ' All those certain tracts or parcels of land lying; and being situated in thy. County of Brazos, State of Texas, and being a part of the Fourth Installment of College Hills Estates Subdivision, a plat of which subdivision is of record in Volume 104 page 243 -44 of the Deed Records of Brazos County, Texas, and being all of Lots Numbered FOURTEEN (14), FIFTEEN (15) , and SIXTEEN (16) in Block No. EIGHTEEN (18) ; all of Lots Numbered T',i2I TY ,UR (24) , TFrr.�1TY FIVE (25) , TWENTY SIX (26) , TWENTY SEVEN (27) , T'..EIA' Y EIGHT (28) and T,.1:.'i' ": (29) in Block No. NINETEEN (19); all of Lots Numbered THIRTEEN (13), FOURTEEN (14), (15), SIXTEEN (16), SEVENTEEN (17) and EIGHTEEN (18) in Block No. TWENTY ONE (21), and being the same land which was conveyed to firs. Edna H. Boughton by College Hills Estates Company by a deed dated August 26th, 1940, and not yet recorded, but to which deed and to its record when recorded reference is here made for further description of said land. Also Lots Numbered Four (4) and Seven (7) in Block No. NINETEEN (19) in said Fourth Install- ment of College Hills Estates Subdivision, according to the plat of said subdivision. It is further stipulated that the holder of the hereinafter described note agrees to release any of the above described lots from the lien created hereby upon payment by grantors herein of the sum of ONE IUNDRED DOLLARS ($100.00) for each lot so released, but such payments shall not relieve the makers of the hereinafter described note from payment of the amounts of principal or interest on said note when due. This deed of trust is cumulative and in addition to the vendors lien in so far as all of the above mentioned lots save the last two (2) are concerned, the money represented by the hereinafter described note having been used t'_is day in paying part of the purchase money for all of the above mentioned lots except the last two of said lots mentioned. together with all improvements thereon, or hereafter to be placed thereon, and all and sin - gular the rights and appurtenances to the same belonging or in anywise incident or appertain- ing. TO HAVE AND TO HOLD unto the said party of the second part, and to his successors and his and their assigns forever, hereby covenanting and agreeing to Forever Warrant and Defend the premises aforesaid, and every part thereof, unto the said Trustee and to the Substitute Trustee, and to t.e assigns of any Trustee hereunder, against all persons whomsoever lawfully claiming or to claim t:_e same or any part thereof for and upon the following trusts, terms and conditions, to -wit: That, Whereas, the said parties of the first part are justly indebted to J. Coulter party of the third part herein, as evidenced by our one certain promissory not.... - 1 t d by the said parties of the first part, and payable to the order of the said party e third : -art, and being further described as follows, to -wit: Ee ng for the sum of SEV TEEN HUNDRED DOLLARS ($1700.00) and being of even date t'.:is deed of trust and payable on or before two (2) years after date, said note __ y ._ling that same bears interest from date at the rate of per annum, and that interest, i ,.;gable August 26, 1941, and annually thereafter as it accrues, past due interest to bear , .terest from maturity at the rate of 7;. per annum, and said note providing tl.at f. ' ay sane or any installment of interest thereon when due shall at the election .':d note, mature the full amount owing thereon, and further that if • a.c and be placed in the hands of an attorney for c- llection or be c.'.' rcugh the probate Court, the makers thereof agree to pay 10 additional on the • intY:r --t then owing thereon as attorneys fees,- should the said parties of the first part make prompt payment of said i,;:. :.. ,. shall pay, or cause to be paid, all other indebtedness secured ,y t;.is -ath principal and interest, as the same shall become due and payable, and strictly c.- i...'y • P ll the conditions and requirements herein provided, then ti:i:; c ,,.v+;i: ' v id and of no further force or effect, and shall be rei at cu..t. :trt i e. of the first part. But should the said parties si .• _'anl t in L.he punctual payment of said indebtedness, r any part ,,.. -r amp small become due and payable, or should jai. parti .- any reaaect fail to keel, and perform any one or more of the conditions harei;. d performed by said parties of the first part, then, and in any cuch caaa, t..: ;1r said indebtedness remaining shall, at the option of the holder of said _._ :iately mature and become payable, and it shall thereupon, or at any tine ti_ere ft spa L - ny i •.art thereof, remaining unpaid, be the duty of the said part,, of the send jaart `:_ rein, and of his successor or substitute, as hereinafter provided, cm the request ::f the hiller said indebtedness thereof (which request is hereby presumed) to enforcF ._..st; an after advertising the time, place and terms of the oaie of all of the abs ve ed : described _ property, or any part thereof (the privilege of selling in tiJi: le :r in -,_nt being hereby granted) for at least twenty -one days successively neat before the day --ale, by posting up written or _printed notices thereof at three public places in the ;ounty in which said real estate is situated, one of which shall be at the Court House Door of such County, to sell the same, in accordance with such advertisement, at public auction, in wont of the Court House of the County in which said property is situated, en the first Tuesday in any month between the hours of ten o'clock A. and four o'clock P. L:, to the highest bidder for cash, selling all property above conveyed as an entirety or in parcels as the Trustee may elect, and make due conveyance to the purchaser or purchasers, with general warranty, binding the said parties of the first part herein and their heirs and _.-. :-:s; and, out of the money arising from such sale, the Trustee acting shall pay: First expenses of advertising sale and conveyance, including a commission of five per cent _ ,-1f, then t: the holder of said indebtedness, the full amount of principal and die an,: unpaid on said indebtedness, as hereinbefore set forth, and all taxes, ...rwrance premiums or other advancements, made as provided for herein, with or rendering the balance of the purchase money, if any, to the said _arties .l_.. a art, their heirs or assign;! anu said sale shall forever be a perpetual bar a-alaat :arties of the first part, their heirs and assigns, and all other persons under any of them. It is expressly agreed that the recitals in the conveyance to archaser shall be full evidence of the truth of the matters terein stated, and all pre- tc said sale shall be presumed to have been performed. The holder of said indeb- ;tc.,ve equal rights to become the purchaser at such sale, being the highest .der. In case absence, death, inability, refusal or failure of the Trustee herein named at, :;ucces .;c. and substitute may be named, constituted and appointed by the holder of 'mess without other formality than an appointment and designation in ;siting; • ^ce shall vest in him, as Trustee, the estate and title in all said re:ises a • a on hold, possess and execute all the title, rights, rowers and duties .".rre? a. ::aid Trustee named, and his conveyance to the purchaser shall be equally i effective; end such right to appoint a successor or Substitute Trustee shall exist r, -;n .enever from any of said causes, any Trustee, original or substitute, cannot or : act. x it iU agreed and stipulated that the parties of the first part heroin shall and ill pr•yer cost and expense, keep the property and premises herein described, and �1, e ir7 .s hereby given and created, in ood re air and and pa and "IT 1 n- /. diacharge as they are or may become payable, all and every taxes and assessments that r ,: abl_° thereon under any law, ordinance or regulation, • .:.1':r rade ?,7 I:unicipal authority, and shall keen said property fully i:. c.:.__ aaies a: roved ly the holder of said indebtedness, to who the , blc, : by whom the plicies shall be kept. and in case of dcf:. ,.f the first :wart in perforL ande of any of the foregoing stipulations, ti.. ta. _ . . - _ - _mcd by the holder of :aid indebtedness, for account and at the expen::c ,f t.. . first part, ant any and all expense incurred and paid in so doing shall he lc the parties of the first part to the party of the third part, with i ter :t cc . r annum from the date when the same was so incurred or rai:] _ .- _ .,c cu_•.;d and ; ayable by and under this deed in like manner with the ot_,er i : :Ltedn : , _ ,_ . me ief. -a, - :_d the amount and nature cf such expense and time when pai :ha - d -- th— affida• :it cf the holder of said indebtedness, any -_ atee acting hereunder. _ however, that ._aat _2 advanceient in _ oa_se be considered or can„,: 2f _, indebtedness to declare same, and all ether indcbt It _- ._r agreed and stipulated tha sec„rity : .:, t .erect, - -, any other _ _ _a_ _ _ _.,__ . _. _a._ say indebtedness, or any wart thereof; and the said parties of the fir-, dart than th, _ rc_ erty _ _re intefore mentioned and conveyed to said : art, af the sec _-r.a _art .rt of any tre_ c_ y by owned, used, occuiied or clad. eaceat from forced .,a_ _ u,.. - a. _cars :. Mate Texas, and ::very claim th rcto under any such ial: or laws. _ t 1_ 26th da of August, 194. ; dna ::. the bars,:... - 2 d t s ae that they each execs cx rea -cd, .: the said Edna H. ou hton, _'' ; ily ^'1 _;art her __ Ldr. _:. Boughton cclarc that she had willingly signed ea and that she did not wish to retract i'. - ::EAL CF G IC:: this the 26th :a, •u t . .aggie Thompson, i:., „aa, - . - Brazos Court , _a true co y of the original instrument wl_ic3_ was filed for rc , D. 1940, at 10:45 o'clock a.m. and duly recorded on thi. , , , r ;, .. a.m. to which I certify. Frank, 1ursh ..x 0. C 7 iGr.4 I� c� _ • • • • • • 'LL BY 7-7,`,.:2_ “here °s, on the 26th do of . • J'% ,..ton ?nil hf,r hush. :end, ,� .i:ou hton, did execute, nc - „_ '. \, led'e • tee of irazos County,Terns, a in Decd ; ,+ certa � ly : <acribed, which geed of Trust is duly recorded in %ol. 12, p;.:c 4.;7, d: of ; "rum, of Count �' y, ex` to secure the prompt p":yaent of one cent;: ,.. • ;,,'.: �:^ :�•:, � to t!,,i•ewith ,r in the principal sum of S, Z.TEL :: ?t)'..;:;:;; 1 • 16 -214 Rel. • 3 ( „1,700.00) Dollars, executed by the said Edna H. Boughton, et vir, r Fable to the order of kilter J. Coulter, or order, on or b_tore. two -rs .,r d te; ::. it is desired by the said Edna H. Boughton, et vir, iou, hton ±:: , te rc11.10 .in ; described lots, tracts or parcels of land, secured bysaid Deed o_ - rust, -�- lc sed from the Vendor's and Deed of Trust Lien, above described; to which the said J. - oulter has agreed: i.e. _;eing all of Lots Numbers T'i.r'1, TTY -SEVVN (27) , '12WENTY- . LIGP1' (28) and 7„ in ='lock Number NINETEEN (19) of fourth Installment of COLLEGE HILLS ES=ES Subcivisio., 7 plat of which is duly recorded in Page 243 -4; Vol. 104, DeedRecords of Erazos County, _exas. __ ' _'H 1L= 'ORB, KNOW A,1, :•i i1 BY THESE PRE i'S, that I, „ALTER J. COULTER, of Br : os - ounty,'iexas, the present owner and holder and Payee in said note, and said lien, in con- ! sideration of the premises, and of the payment of the sum of `hREE IZUTJh;JD' ND v'0 /100 (.000.00) Dollars, by the said : Edna h. Boughton and husband, U. .t ou;hton, the receipt of w.lich is hereby acknowled -ed, ha this day and by these rresents do ic.IL: :, :'E,DISC d :GE and QUIT- CLAIM unto the said Edna H. Boughton, et vir, N.E.Boughton, their heirs and assigns, all of the right, title and interest in and to said lots above described, which I have or may be entitled to by virtue of said deed of Trust, note and vendor's lien above described, and do hereby declare said lien fully relea and discharged insofar as it applies to be land herein released, but no further. It being understood and agreed that expressly stipulated that this release is only partial, being liven to relee;e said lots above des- cribed, and shall not effect or impair the aforesaid lien as to the re :cinder of said property not herein released. _ ';,I _: 3S my hand at 3ryan, Texas, this 23rd day of September, A.D. 1940. . J. Coulter, ':alter J. Coulter 3T-T , 07 TEXAS COUNTY OF BI AZOS d BEFORE :1E, the undersigned authority, a Notary Public in and for Brazos i;ounty,`i'exas, on this day pe- sonally appeared W-1ter J. Coulter, known to me to be the person whose name is subscribed to the foregoing instrument, end acknowledged to :.e that ( he executed the same for the purposes and consideration therein expressed. GIVEN 'WIDER MY HAND iu :D SEAL OF OFFICE, this 23rd day of September, ‘‘.1).1940. i.Iaggie Thompson, N, tary Public in -nd for (SEAL) Brazos County,Texas. The foregoing is a true copy of the original instrument which was filed for record on the 25th day of Sept. A.D. 1940 at 8:10 o'clock p.m. and duly recorded on the 25th day of Sent. A. 1940 at 4 o'clock p.m. to which I certify Prank Worsham, C :O C.B.C. !i► ' .�.[� . / , ' eputy • . . ' .. a:: SY '_y,S U: This memorard:_: - agreement J into between -.dna E. Boughton, and husband, N.i;.jou ;ton, tie the first port, and C. Hawley herein =fter called party of tti ',ether one or more of t all of said bounty and State, TH ilct the said :arty of the second part, in consider tion of the :et forth ces ti t „ , arees and contracts with the said parties of the first f are labor and :7_; aerials for, and to cons truet erect and , � t ' ° A f �,!. � _ complete upon the lands :rises hereinafter described in n�; pre - described, good workmanlike manner, and in accordance end specifications agreed upon between the parties, y _s , and signed by them for the purpose of identification, the following improvements to -wit: One (1) five room and bath frame dwelling ling raith garage attached, Said party of the second part amrees to complete said improvements within 90 days from the date hereof, unatoidable =ccide3t alone excepted, a reasonable allowance, however, to be made in c ^se of bad weather, '';.d to pay to the said parties of the first part the sun of (i None.) Dollars per day for each day and every day's delay thereafter as assessed or licuidated damages. The land and remises upon r.hich the said improvements are to be erected are situated in the County of Braaos, State of Texas, and are more particul_rly described as follows , 3eing a portion of_',,urth Installment of COLLL E HITLS ESTATES Subdivisioh, a plat of , hick is duly recorded in 'ol. 104, pay., :e 243 -4 Jeed <<ecords of yrazos County, -exas, a_. being all of Lot _;u ^fiber T :, :i :TY -NINE (29) in clock Number NINETEEN (19) , . { In consideration of the construction of said improvements and furnishing the . terial therefor, as - oove stipulated, the parties of the fist � =yel' part promise and agree to nay to the said party of the second part, his heirs or assigns, the sum of (3,000.._, ■ I ._..EE : ?'OJD AND "10/100 (;i Dollars in accordance with the terms of , -ne certain promissory note of the said narties of the first part of even date herewith, hereinafter celled note, whether one or more, and payable to the said party of the second interest pa er on or before 90 days after date and bearing interest at the rate of six per cent, or- annum, from maturity cent, per payable monthly and further providing for an attorney's fee of ten per cent, dditioral upon the amount of the nrinci�^, ; 1 and interest then due, if said not be placed in the hands of an attorney for collection, or be collected by suit, , onkruptcy .:ourt, and further providin - that all post due in .,., 1 , :e- r i!LL .L ,ot until paid at the rate of ten per cent. per annum. .;a1( pLrtiep of the first part hereby give, grant and convey to th :ter : ;:ad ”F :rt” his heirs and assigns, an ex ress mechanic's and m:.terialrkans lien, ero ided by the Constitution and Laws of the State of 'Texas, upon the n'' nd all improvements thereon nntithat may hereafter he piece,: .. -79 MIL secure the payment in full of the above mentioned indebtedness, princinnl, interest :;ad attorney fees, and further to secure the performance of each and every cove: rent and ob- ligation herein set out. it is further agreed that a failure to complete said improve- ments, or failure to complete the same according to contract, shall n.,t ue1'eat said indeb tedness and lien, but in neck case the indebtedness and lien upon s::i� P �r��,i::e und im- provements shall exist in favor of said party of the second part, his hnir:; and essigns, for said cohtr ct price, less such an amount as would be reasonably nccess,r•, to complete said improvements according to the said plans and speaificntions. Upon the completion of said improvements, said parties of the first n rt agree to i�- sure the same and keep the same insured, in some solvent and reputable insura:ce com- pony for the benefit of the said part* of the second econd part, his heirs or assigns, for at least the sum of (f3,000.00) d11:riE T D Y. :D I• /100 Doll•:rs, or as :ouch of sa ,e as can be procured, and they further agree to pay all taxes ana assessments now due, if any, on said preeises, and keep all taxes and assessments paid as they accrue upon the said nre:ises, and as additional security, out in no wise to waive or aff ct the liens herein created, the parties of the first part have executed a deed of trust for ii the benefit of the party of the second part, heirs and assigns to secure the perform- ance of the cove:; nts herein contained, and it is agreed that fai ;ere to pay taxes now due, if any, or to keep the taxes paid, as they ;accrue � upon the said l, or failure to insure, or to ::eep the Said nre:ises insured, as , aJoVB Stlpula�.o�,, or a total or nertial destriction of the improvements upon the said premises, or a failure to ney any of said note or any installment of interest on said note as the sai �.1e falls tide, e:_e11 at the option of the holder of the said note, or any of the_:, i 2nedintely meour said indebtedness. It is further expressly contracted and .greed that theplans 210 snecific :tions _.: ova referred to ILi: to Itiakin , of c ; _n_ in same by which extra costs may be incurred and :ay such extra costs, not to exceed the sum of Xi ?one, ineerrea in actor dace :Lt_ the ri :ht reserved to parties of t e first art to make such c:_ _gas shall be secured by the liens herein ::i _pen and e _ tec: as fully as if such a count ..ere cluded in on 1 contrct price. i p rt leS Of � thG first - art hereby rive in favor of raive, the said indebtedness, all homestead exceptions and1 c.lio' _ :cep and all 1 allo aeces in lieu of homestead, or for rt .cles , of for . __^port and all commissions v,hich :gay accrue to einber of the-. :rub: to proceeding, i1' _-ny, in 1.hich the said nre :iises riay de involve -. If e =aid parties of the first -•.rt shall fail to procure said insurance, or to ?iy s ii pees, L-s above stipulated, the holder of said note'Aay procure the said in- c e, oo : said t_.xes, a_id add the amount so paid to this indebt 'end �,'. cc ' :ass c as at _ hail be secured by a lien upon said -1re_aises and t _t,ten of such pay_lents at the rate of ten per cent _.dr a:.11u .. our ha ads this 3rd d' of 3eepte :ber ..v 1940. 3 ' 1 -'.ton 0. C Hawley "1 ton 0. e.awley 1 Lon arty. T rt .r:tiee of the first ii. rt. ._.; ice! led. the undeeelencd authority a . +o;,nr•. ; .r u i c in anti for .::-.79 1/L . . , on this d-y :er.'on-lly . . . , - , • ,. num , a• r- :•ub f.3-i i,c,] 1,r, , • .., ) j 1 e.,..mt, u t . .y .:4 C. - i . of of.ice, t., ,i.: : r".y Of ,, - ,, 2, . . . Ben J. h.lexa..der, -ot-,r _ for -.- -os jaunty, t_e un(ersi_ned authority a . '13 Jounty,..exas, on tnis day personally apreared -dna ou:,..ton 1 :: to ae to De the person whose name is subscribed to tie fore pi been €.xa,ined by me privily and apart fro s.1 her hus,yd, an _' vin_ f:lly c,r_Lained to her, she, the said Edna H. soughton - c'd - nolled_ed s2ch ih0l,e11, ..'„ - o , ! . 2 act anl deed, and she declared that she had willin_ly sisned the sn_e :or t_ x .-7. o es an: consideration therein expressed, and that she did not wish to re 7n un er my hand and seal of office, this 23rd di: of-t e ., . . . . 3en D. lalexander, Ebtary .i.-L in ib. ( L) nd for :ra:ps -;ounty,?exas. 1-,,' THE ST-ITL 0.7 7 _21 vz.1 / ..., , . OF il,....,_S I) :=. 2.. ' .2.: 1 .'liESE .. fhat -L., C. ,. :_al of . • -...-. ounty,/ex s, for anh in consideration of the sum of _en .Joll-rs and other vilu-ule con- sider tion to ne in Lana -aia by ,-. ,,. Par'cer - Lumber , ompany the receipt of 7-ieh -- is fully - c.kny , ledged, h ve assi.gned and trsn ferred cad by these resents _o 5 -_ni tra for unto t-.e said :;-. o. marker umber ,ompany, tae follol.in .entioned Jtelnesc, to eter 1.ii,4 t4e lien securing the sale, to-wit: ..._2 ac_ ni3's , ,en note in the principal sum of =-132 . 2_0 - lip —.J 12/100 (V3,0-0.00) LolTars, , ..ue L'.... rayaJle to tie order of 0.■.J. on or before 90 days aftcr date, said no b :necated ..)y ,dna 1.: -oughton et vir, 1 _nd 1,1in.: the & le notes set out and described in a certain mechanic's and m terialman's ontr-,ct : a .ed into hy and between .. and wife, 1 -. soushton, owners, 0. a contr ctor, _ ted the 23rd day of September, 1940; said contract pro- i ti-in for the -pp o. .e..t oi the folloTin: premises, situated in _;ounty of . State of /exas, to-wi': :eing a portion of /ourth installment of A],: HI= ES?.,-T-. Subivision, a plat of which is duly recorded in .01. 104, pase 243-4, peed ecords of - „ ounty,_ex , s, and being all of Lot -uncer 11=1 (29) in lock _umber =„T-= (19). SPid contract bein',; of record in vol. p-, of the ec.anic's -ien ecords of -z-7,,s ( . , ounty,Texas, to which reference is her m-de for all purpoes; and aid in- debteuess teins secured by tne _ecnanic's and ..aterialman's -ien under the , onstitution and Las of te State of Texas. TO h._ , h 20 :1 ,_,a) the aforesaid indebtedness, together with the lien asainst t_c %. property sectrins the saae, and all of my rihts, pr_vilej;t.s and ec d- ti(.. under and by virtue of the aforesaid indebtedness and lien and contrect. , ,Aties' my hand this 23rd day of Septeaber, --1../..). 1940. 0. C. Hawley 0. U. Hawley /;7.7 (.,.. if..., 1 , ..;i0A.E 1M, the undersigned authority a notary Public in and for 1 - -- - _ , __ ______ ....,. on t. is d: ;' personally ... _ i : t :, ur an, consider :e tong o_ _ on ;i na1 ias :r ;. -ent which ;:as filed mac. _ - .- . 1 40 L 2 :15 o'clock n..71. and duly recorded on ,,he 4n__ .;:J 0.' • 1 - . . :o ,hicn 1 certify rraAik "orsran, .C.U. ,%1 — '� id Deputy • f . I • • R t i • OTrn:�y 0? ? ^.iZOS / 107•.817 Assign _ _ _ -_ I 1 'NI R:,e: • �, on the 23rd day of Sete :�ber, Boughton executed and ' �9k0, ^dna H. Boughton and delivered to 0 C. Hawley and material man's , mans lien note for the •✓ their certain mechanic's secured by sum of T-R ;;; THOITS Y a mechanic's I'D _I ND HO /100 ( ?3000.00) Dollars, lien on the following described real estate; Lot 2'0. Twenty-nine (29) in t }; 11 ' College Hills umber Nineteen (19) of t Estates Subdivision• the Fourth Installvent of ° and r= S, said note was transferred by 0. C. Hawley to ^, S. Par __I 71ment dated Se_yte;;bParker L Company 23, 1940, and recorded wi umber i by 7.'oluae p-e 79, of the , with said mechanic's echoic s Lien K lien contract in I tf ' 1 purpoces, Records of Brazos �ounty,Texas for a hereby referred I ..rd, w:;ere s, the said note and lien is n ed, who is col now the property of the undersio g lF." a1 holder and owner of same; :otv, t :_erei'o� all m e, =now - en by these presents: That I ` ` %ompany for and in co nsideration of the , for we) ,, . S. Parker - - to me in hand paid b ne a:,ount due thereon and One and ..0 /100 y The Br•,an Buildin tr L:-= 'erred, set over f, g and Loan Association have sold nd conveyed, and do Assigned, a i ld hereby sell, ssi n; trrinsfer, s et over, ;� ;;� c'n411,;7 without recourse to the said The Bryan Building and Loan .Issociati - " e,:' :echrinic lien note, together with said ien and on the said des_ ��'� z�rn) real estate and improvements thereon by all the title' held by me in said , , rjnie'S lien note. Y virtue of beit theholcler and ounlc r of said ^ T r ' : TO HOLD the we unto the said The Bryan Bd►i�diz ana Ionn ..,� „mil ;ti, , t, it i1 i , o ,A Vr, 107617 Assign WITn ss my hand th is 9 day of Oct. A.D. 1)41. G. S. PARKER LUilA3ER CO::P.. ::I By L:r. S. Parker Jr. Oo- partner O'T:^^i' 07 B-- .70.77. :7., the undersigned authority, on this d,,y personally e' eared P:.rker, Jr., co- partner of the G. 3. Parker dumber Co. a co- partnership kn,wrj to rie o be the person whose name is s bscribed to the foregoing instrument, and acknowledged to - that he executed the same for the purposes and consideration therein expressed, nd as such co- partner. Given under my hand and seal of office, this 9th day of Oct. A.D. 1941. F. L. Henderson, Notary Public in and for Brazos jounty,Texas. le iorecoin .is a true copy of the original instrument which was filed for record on 'e 14th day of Oct. A.D. 1941 at 4 o'clock p.m. and duly recorded on the 15th day of Oct. I'. 1941 at 10:30 o'clock a.m. to which : certify A. B. Syptak, .C.C.B.C. //A.,/ Lfv - / i Deputy • • 3 f 1 i T°E STATE OF TEXAS1 107 -616 Deed 1 COUNTY OF BRAZO7 1 KNOW ALL LITN BY TH :5 ; PRESENTS: That we, Edna H. Boughton and hus- band, II.E.Boughton, of the County of Brown, State of Texas, for and in consideration of the sum of Ten and No /100 Dollars, to us paid, and sec:.red to be paid, by Dr. W.W. Armistead, as follow.:: The sum of T2 AND I.0 /100 ( „.10.00) DOLLhr'`?, to us in hand paid, and the receipt of which is hereby acs :nowleded, and the further consider tion of the < >ssumption, Pa :-went and dis- ch:_rge by the said Dr. W. W. Armistead, of the unpaid balance of TWENTY 7I NT HUNDRED PIT: /100 r22,853.00) Dollars, due on a certain :.ec: ;anics Lien i1 ote, dated September 23, 1940, executed by the said :.-rs. Edna H. Boughton and her husband, h.l.voughton, in the ori- :7inal sum of ,3,003.00, due and pa, le to the order of 0. C. Hawley on or before 90 days after d te, and which said note is set out and fully described in and secured by a certain Lechanic's Lien contract of even date therewith, executed by the said Edna H. Boughton, et vir, to the said u.G.Hawiey, bein,-• duly recorded' in V ol. "K ", page 79, records of -cchan`c's __en conei ct. of Br: zcs ' and which said note has been assigned b.' thesaid T Y Lumber Company, r -. ..a.�le to u. S . Parker Lumb pany, have jrunted, sold and conveyed, and by these presents do :,_ant, Sell and Convey unto the said Dr. W. W. Armistead of the County of '?r -zes, State of Texas all certain lot, tract or parcel of land, lying r ' p , Y � and bein a t'a-.ted in °r,_zos County,Texas,, being a portion of COLLEGE -=ILLS ESTA'?'FS Subdivision, inst llnent, s plat of which is duly recorded in v ol. 104, page 243 -4, Deed Fecords cf i s amounty, 'exas, and being all of It Number TWENTY-Nine (29) in D1ock homier r inctce :; Elj, I:. TO TO I:OLD the above describedpremises, together with all and sirv,ulhr, ri is and aDpurteunnces thereto in anywise belonging unto the said ')r. is heirs and assigns ns forever; and we do hereby bind ourselves, e , and our heirs, , ,; ors a : ini: ;tr•. tors, to Warrant and forever Defend all and singular the said pr e;i es ;u;ic , -rmiste%d, his heirs and assigns, against every p rson whorv 1%w- or to claim tiie same, or any part thereof. t it 1:. exnr•esaly arreed'and stipulated that the Vendor's Lien is retained !1: t " atrwe described property, premises and improvements, until the above described note ,,id 107 -616 Deed all interest ....,neon are fully paid according to it's face and tenor, effect and read- ing, when this deed sha 1 become absolute. Fitness our hands at 3rownwood, :'Lxas t:is 1st day of January .:. 1941. 3.30 avenue Stamps affixed Edna II. BouPirton and duly cancelled. Edna H. Boughton N. E. Boughton • ouF;hton STATE OF T^XAS j COUNTY OF BROWN f BEFORE i.W the undersigned authority, a otary Public in and fGr Brown ounty,Texas, on this day personally anpeFred ?:.E.Bourhton and Edna L. Boughton his wife, bob known to me to be the persons whose nerves are subscribed to the fore -oing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said : :dna H. Boughton wife of the said : r.ton having been examined by me privily and apart from her husband, and having the sane fully explained to her, she, the said Edna H. Boughton acknowledged such instru- ment to be her act and deed, and she declared that she had willingly signed the sane for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEi' under my hand and seal of office, this 25th day of January, ti.D. 1941. U. . . Trigg, Notary Public in and for (SEAL) Brown 'amount Y,� exas. T The foregoing is a true copy of the original instrument which was filed for record on the 14th day of Oct. -.L. 1941 at 4 o'clock p.m. and duly recorded on the 15th day of Oct. �D 1941 at 10:20 o'clock a.m. to which I certify A. B. Syptak, C.C.C.B.C. 4/(4/ /1/• ` e't. ' t i 1 Deputy 1 ' r THE STAT 1 -220 D.T COUNTY OF 3RA =c.3 1 I2 O"' ALL I.''EQ BY THESE FRESENT3, That ".!e, :3. Armistead and wife .:arthe j. Armistead of the County of Brazos, in the :hate of Texas, for and in consideration of the debt and trust hereinafter mentioned and created, and of One Dollar to us in hand p" id h_. Aline = .rogdon, Trustee the receipt of which is hereby acknowledged, have granted, sel' c3nveyed, and by these presents do grant, sell and convey unto the said Aline Brogdon, Trr,stee of the Count: of Brazos and State of Texas, all that certain tract or parcel of land being situated in Brazos County, Texas, rnd described as follows, to -wit: c:..i:iC =,11 that certain lot or parcel of land lying and being situated in Brazos County, Texas, :nd being a portion of the COLLEGE HILLS ESTATES SUBDIVISION, Fourth Installment, a plt.t of wr.ich is recorded in Volume 104, page 243 -4, Deed Records of Brazos County, Texas, an, being all of Lot ho. T'':ENTY -NINE (29) in Block No. NINETEEN (19) in =sip; Subdivision, Apki ' ) ) . i . 22 0 TJ•'r in Brazos County, Texas. To have and to hold the above described premises together with all end singular the ri.;t:* and appurtenances thereto and in any wise belonging to the said Aline ;;rogdon, Trus- tee and her assigns, and to her successors hereinafter designated, and to the assigns of said successors forever. And we hereby bind ourselves, our heirs, executors and administrators to warrant and forever defend all and sin lar said g'- premises unto the said Aline Brogdon, Trustee and her assigns and to her successors hereinafter designated, and to the assigns of said successors, against every person whomsoever lawfully claiming or to claim the same or any part thereof. In trust, however, for tae following purposes: WHEREAS, the said W. W. Armistead is a member of The Bryan Building and Loan Associa- tion, (duly incorporated under the laws of the State of Texas, and having its Home or Prin- cipal Office at ryan, Texas,), and owns one (1) share of Direct :Monthly Reduction stock therein and we obtained a loan of T':ENTY SEVEN HUNDRED THIRTY FOUR & 58/100 Dollars thereon, for which we have made, executed and delivered to the said Bryan Building and Loan Associa- tion our note, or obligation, of even date herewith, in substance as follows, to -wit: x2,734.58 Bryan, Texas, October 9, 1941 FOR VALUE RECEIVED, We, W. W. Armistead and wife Martha S. Armistead promise to pay to the order of The Bryan Building and Loan Association, et the office of its Secretary, in the City of Bryan, Texas, the sum of TENTY SEVEN HUNDRED THIRTY FOUR & 58/100 Dollars (^;2,734.58), with interest from date until paid at the rate of seven per cent (7 %) per annum, the interest payable monthly as hereinafter set out, all pest due interest bearing interest from its maturity et the rate of eight per cent (8 %) per annum. • This note is secured by a deed of trust of even date herewith, executed by us, conveying to Aline Brogdon, trustee, certain property situated in Brazos County, Texas, said deed of trust providing for sale in case of default; and by a lien on one (1) share of Direct Monthly Reduction stock in the said The Bryan Building and Loan Association. This Note is payable in monthly installments of :,:18.50 each, same including both principal and interest; first installment due and payable on or before the 10th day of November, 1941, and a like installment due end payable on or before the 1Jth day of each month thereafter, until the entire sum, together with all interest thereon is paid in full. Right is given to make additional payments on account of principal at any installment payment date. Past due installments to bear interest at the rate of eight per centum (8p) per annum. All interest on this note is payable monthly on the 10th day of each month, a Y Y , s aforesaid. It is specially agreed that we will at ell times pay all interest on ttis note promptly as above stipulated, and will keep all dues, penalties and monthly installments paid up according to the by -laws of said Association, and will keen all taxes and paving fssessments on said real estate paid off and discharged as same may beco me due, and will keep ell improvements on said premises above mentioned insured against fire and tornado in favor of said Association as required by the Board of Directors of said Association. It is further specially stipulated that in the event we fail to pay any installment of interest on ti.is note when due, or should we fail or refuse to carry out and perform e -y other obligation essumed or covenant made by us in this note, such failure shall, at the election of the holder hereof, mature the full amount of this note, principal, interest and nttorney's fees; it being further specially stipulated that if this note be not p-id 't its maturity and be placed in the hands of en attorney for collection, or be collected by suit, or through the Probate Court, the makers hereof agree to pay ten per cent )•) lb-020 D.T (10;) additional on the principal and interest then owing hereon es attorney's fees. This note is given by way of renewal and extension of the balance due on a t;.echanic's Lien note in the original sum of ,3,000.00, and being the note described in the :.:echanic's Lien Contract recorded in Volume 3, page 79, L:.M.L. Records of Brazos County, Texas; end assumed in the Deed from Edna H. Boughton et vir to W. W. Armistead in Deed dated January 21, 1941, and recorded in the peed Records of Brazos County, Texas, and the original , Lien as well as the Vendor's Lien are renewed and extended herein. Signed : W. Armistead Lartha S. Armistead Now, if we comply with our undertakings in said note or obligation till the same be paid or cancelled, as herein provided, then this Deed shall be void, and the property hereinbefore conveyed shall be released at our cost. but if default be made in all or any one of the particulars mentioned in said note or obli ation which shall make the same due, then this Deed shell remain in force and the said Aline hrogdon Trustee or in the event of his death, or absence from the said County of Brazos, refusal to act, or other discualifi- cation for the performance of the duties of his Trust, then at the recuest of the holder of said note or obligation, a substitute appointed by the holder of said note (who shall thereuron become the successor of said Trustee to the title of said property, and the same becomes vested in him in trust for the purposes and objects of these presents with all the powers, duties and obligations thereof), shall at the election of the holder of said note, proceed to sell said described property, or any part thereof, as one whale property, or in one or more parcels or lots, as he may deem best for the interest of all parties concerned, et public vendue, to the highest bidder, for cash, at the Court rouse door of the said County of Brazos, in the Mate of Texas, Letween the hours of 10 o'clock a. m. and 4 o'clock p. m. of the first Tuesday in any month, first giving twenty -one days public notice of the time, terms and place of sale, and of the to be sold, by posting written notices thereof in three public places in said county, one of which shall be at the k ' Court house door thereof, and upon such sale said Aline Brogdon Trustee, or his successor in trust, 05 the case may be, shall execute and deliver a deed or deeds of conveyance in fee simple, with full covenants of warranty, of the property sold to the purchaser thereof, (a recital wherein of the request of the holder of said note or obligation that he should proceed to sell, of the posting or publication of said notices, and in case of sale by a substitute 'Trustee, or the happening of any or either of the events making him successor in this trust, shall be received in all courts of low or equity, and to all intents and purposes, as full and sufficient proof thereof), and shall receive the proceeds of said sale, out of which shall be paid first the costs and expenses of executing this trust, including compen- sation to said 'Trustee, or said substitute, for his services, which compensation shall be five per cent. on the total amount received from said sale, and next the full amount due on said note or obligation (including any taxes, paying assessments or insurance premiums due or paid by said Association), end the remainder, if any, shall be paid to us or our 3 legal representatives. And it is hereby pecially provided and agreed that the recitals in the deed cr deeds from said 'Trustee conveying said property shall be prima facie evidence that all the requirements and provisions of this instrument have been complied with by him in advertising and making said sale. And we further agree to keep the buildings on the property insured in some reliable insurance company or companies against fire and tornado, in favor of said sryen building and i,oan Association, for their full value, or for at least the amount of said note when required to do so by the Hoard of uirectors. ��Y� 15 -220 D.T :_i our hands this. 9th day of: uctober, 1941. Dr. 'l. Armistead Martha 5. Armistead i before me, F. L. ienderson, a rotary _ublic within one f r tt ;.tc :u:d County, on this day personally-appeared 1. ' :, . Armistead known to me tc be the p rson vbose name is subscribed to the foregoing instrument, and ac %nowledged to :::e that he executed the same for the purposes and consideration therein expressed. And r +lam: ref ^re me, on this day, personally appeared Martha 3. Armistead, wife of said. Armistead 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 husba - .d, and i having the same fully explained to her by me, she, the said Martha S. Armistead ackno\:- led €ed such instrument to be her act and deed, and 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 9th day of October, 1941. F. L. Henderson, Notary Public, Brazos County, (6F,AL) F. L. Henderson Texas. The foregoing is a true copy of the original instrument which was filed for record on the 14th days of October, A. D. 1941, at 4 o'clock p. m. and duly recorded on this the 16th day of October, A. D. 1941, at 5 o'clock p. m. to which I certify. A. B. Syptak, C. C. C. B. C‘ 7 ° :� Deputy (b) • vi .- a M1. k 'K tea'.. K a 1'� L y, G 'Y E • � f ah ..+. t y _ • f • n e ,, t —• -, • • -eb • • d 4 . • • • L` o- • 7- • • • i ' :• 1 z, • .;1.'A r'. t.: . �.f.. - -S 110 -502 Deed COUNTY OF BRAZOS i KNOW ALL IA N BY THESEPRESENTS: That we, W. W. Armistead and wife :.:artha S. Armistead, of the County of Brazos, State of ' for and in consideration of the sum of FOUR IIUIIDRED FIFTY & NO /100 DOLLARS, cash in hand paid by A.F. Chalk Jr. the 4 rf,ceiht of which is hereby acknowledged; and the further consideration of the assumption R- 110 -50:3 need agreement to pay the balance due on a Note in the original sum of ?3,000.00, on a :main L :echanic's Lien Note, executed by Edna H. Boughton, et vir, to 0.C.Hawley, ct:.j in due course transferred to the Bryan Building and Loan Association, as showh by :..echanic's Lien Contract recorded in Volume K, page 79, L. L. L. Records of Brazes :. ounty,Texas; said Note and Lien being also described in the Deed from Edna H. Boughton et vir to W. W. Armistead, same dated January 21, 1941, and recorded in Volume 107, gage 616, Deed Records of Brazos County,Texas; and also being additionally secured by a Deed of Trust to Aline Brogdon, Trustee for the benefit of the Bryan Building and Loan Association, dated October 9th, 1941, and recorded in Volume 15, page 220, Deed of Trust `records of Brazos County,Texas, to which reference is here made to all of said Instru- ments and their respective records for full description of said land, lien and note; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and convey unto the said A. F. Chalk (Alfred Franklin Chalk, Jr.) of the County of Brazos State of Texas, all that certain lot or parcel of land lying and being situated in Brazos County,Texas, end being Lot No. TWENTY -NINE (29) in Block NINETEEN (19), in the College Hills Estates Subdivision, i Installment, a plat of which is recorded in Volume 104, page 243, Deed Records of Brazos County,Texas; said property being situated in College Station, 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 A.F.Chalk, Jr 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 A.F.Chalk, Jr. his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improveme.ts, until the above des- cribed note end all interest thereon are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute. WITNESS our hands at Bryan, Texas this 1st day of August, A.D. 1942. 55c Revenue Stamps affixed Dr. W. W. Armstead and duly cancelled. Martha S. Armistead TT STATE OF TEXASI COUNTY OF BFAZOS 1 BEFORE MF, F. L. Henderson a Notary Public in and for Brazos County,Texas, on this day personally appeared W. W. Armistead and ::arthe S. Armistead his wife, both known to me to be the persons whose names are subscribed to the fore instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said i.:artha S. Armistead wife of the said W.W. .:rm stead having been examined by me privily and apart from her husband, and having the same fully explained to her, she the said i.;artha S. Armistead, acknowledged such in- strument 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 re- tract it. Given under my hand and seal of office, this 1st day of August A.D. 1942. F. L. Henderson (F. L. Henderson) (SEAL) Notary Public, Brazos County,Texas. The foregoing is a true copy of the original instrument which was filed for record on the 1st day of August, A.D. 1942 at 3:30 o'clock p.m. End duly recorded on the 3rd day of August A.D. 1942 at 10 o'clock a.m. to which I certify A. B. Syptak,'C.C.C.B.C. —. Deputy � 1 • 1G -321 D/T • vl'h: „t•' TES AS. l KNOW ALT. MEN BY THESE PRESENTS; \Tr , Brazos • I , R. F . Chalk (Alfred Franklin Chalk, Jr.) ........... .- .. — . ... ,,( Th. County of Brazos nn Stnt• of Texas. her•inaft•v relied Grantors. any Cher .r. e or more, BE t.e, : _ !NI•! t'TE :D To RRY.AN I: "I1.1tiNe: AND LOAN ASSOCIATION, a Corporation domiciled at Bryan. Brazos County T. c.r, h. r. Inerter called T4 d • ,• , trt r , f TWO THOUSAND SEVEN HUNDRED FIFTY & NO /100 Lollars, c vid.r•,d on promissory note of rcen date herewith. executed by Grantors, payable to the order of said Asanciatinn, bearing int. r. st from date until ma' r- try at the rat therein pros .1..1. intermit payable monthly, said note being payable out of a total monthly payment as 25,00 to be mad. by Grantors to thud party on the 10th day of each month hereafter until fully paid, said total monthly payment to be applied first to the payment of the sum o[ E .. - Al the 10th day of each month hereafter Into a "taxes and Insurance amount" and the balance to be •applied toward payment of a monthly installer. r.t •` $ upon said note, said inst.•tllfnent to be applied first to the interest due and then to principal, all of said payments being payable :.1 Chi office of said Association In Bryon. Texas, all "past due principal and interest bearing interest from maturity thereof until paid at the rate of ten per rent annum. and with ten per cent additional as attorney's fees thereon in case name shall be placed in the hands of an attorney for collection. suit or eetablir m 0t in any manner in any court, and j,n,t tdfiq for maturity of the entire balance then unpaid at the option of the holder in event of default for more than months in the payment of aby installment or of any monthly payment hereon. THE PAYMENT OF WHICH NOTE ACCORDING TO ITS TERMS GRAN TORS DESIRE TO ASSURE AND SECURE TO SAID THIRD PARTY, in consideration of the sum of Ten Dollars ($l0.00) and of other good and valuable con - - iterations in hand paid by Aline Brogdon second party. hereinafter called Trustee, the receipt of which in hereby acknew- dged and confessed. HAVE GRANTED, BARGAINED. SOLD AND CONVEYED. and by these presents do grant. bargain. sell alien. convey and confirm unto .• said Trustee. and also to the Substitute Trustee. as hereinafter provided, all of the following described property. together with all improvements therr.cn. horeafter placed thereon, as well as all betterments or addition thereto. and all and singular the rights and appurtenances to the same belonging or in ary- • • incident or appertaining: BEING Lot No. TWENPY -NINE (29) in Block No. NINETEEN (19), in the College Hills Estates Subdivision, 4th Installment, College Station, Brazos County,Texas. This Deed of Trust is given as additional security on a Note of even date herewith in the sum of X2,750.00, payable by me to the Bryan Building and Loan Association, and said Note being given in renewal and extension of the balance due on the Note I assumed in the Deed from W. W. Armistead et ux to A. F. Chalk, end said Note con- stitutes a Vendor's Lien as well as the other liens therein shown, and said Deed and its record is her referred to for full description of said land, liens and obliga- tion. • • is WHEREAS the said A. F. Chalk is a member of said Association and owns one share of monthly reduction stock them .n. said share Is also pledged herein as security for this loan .as shown by stock certificate Issued to (him or her). It Im agreed thet third party shall be subrogated to all rights. liens and title of the holden of said original notes hereby renewed and extended and that to :.• shalt continue in full force and effect as security for the above described note. and Grantors expressly acknowledge that said liens are valid. TO HAVE AND TO HOLD unto him (or her) the said Trustee and to his (or her] successors and assigns forever. the above- described property and pie - ., togrth.r with all and singular the rights and appurtenances thereto In anywise belonging. And the said Grantors do hereby covenant with the ,.111 Truntre an hie imecenaors, that the Indebtedness for which this deed of trust Is given as additional security. 1s secured by a Rret and prior lien on the abov- drnerlbed land and improvements. and will WARRANT AND FOREVER DEFEND the title to the name or any part thereof unto the said Trustee. his euc•- sora and ensigns. against the lawful claims and demand. or all persons. Any title to the lands herein described hereafter acquired by Grantors or either , f than e,r their modems shall Inure to the benefit of this trust. For the bettor seeming of the payment of said note Grantors do hereby agree and bind themselvea: 1. To pay the monthly payments herein provided for and said Indebtedness and all Interest thereon promptly an the same become due and payable. 2. To keep all tenon. buildings and other Improvements now on the said premise. or hereafter put thereon, in good condition and repair and to permit :- waste on mild property end generally to do no act by which the value of the above - described premises msy be Impaired. i. To Insure and keep trimmed the Improvement on said land against loss or damage by fire. to an amount not less than the amount of the Indebtedn• • s s of by thin deed f trust, or, If the rea.onablc value of such improvements shall be to than the amount of the Indebtedness. to an amount not lees than the r.asonatde viol.. of said Improvements; and against leas by tornado , r windstorm to an amount not lees than halt of the ere able vitae f the Imps +v, rnente nn said land un1 - se the value rat the land without Improremrnte shall be more than fifty per cent greater than the amount of f • .aid indebtedness. In which 'nee no tornado Insor-'r r'- ,.hell he required; all of said Insurance to be taken out with an Insurance company or companies approved by third party. Its success- era or /maign, with Iona..1? any payable to .third party, or other holder of laid in debt rdneene' and to deliver the p,dlry or rondos of insurance as soon as wrlttrn. to third party. rir other holder of said Indebtedness. Any funds collected by Third Party or other holder of said Ind, btedness under any mull insmence pithy mi may be credited thereon. or may at the option of Third Party, be expended In replacing or repairing the Imprtvmentn destroyed or damaged. irresp.'etivelc , t whether the said indebtedness in in default. • 10 -321 D/T 4 pay all 1a, & s e ref water rates and other governmental charges levied against said pmmla a u the acme b. come payable and „ , promptly de- _ a liver the . official receipts therefor or to third party. 5 To Pay any specific tax or assessment collected on said note from the holder thereof (other than present Income tax) and to pay old mote- wit}r „ut d•- Au•- Hon tor any tax paid by Grantors. 6. Not to abandon said premises. 7. Not to convey said property without having the purchaser assume payment of said note. • the remises party hall hal the tl event right. at its option, to l rPquire it that all dam ages awarded for the taki Condemned of or t„ r oanbllr use un the power n par p t o the third then unpaid on the. indebtedness secured hereby. and to apply the sum so received upon the principal of said Ind, dross he paid to third party, up w the amount 9 That if foreclosure prnreedings, or sale under any second or Junior lien of any kind be inalitubl, third party may at its option d'elare the indatednesa se- cured hereby immediately due and payable. 10. To pay pen demand any deficiency in a "taxes and insurance account” set up as follows' The total monthly payment above me first to the payment of the sum above specified on the first day of each month h to the roes it of 'taxes and Insurance account” in the nsom and taxes upon said property and missed ,hall be applied premiums for ca shall not be s Ud ent to pay i d z I4 a nt Mall i ms charged against te s. said all become when ''I Grantor., or. ,arty. In went the amount credited to said account shall not Gr . rffirirnt to pay tux's and irmurane•• premiums when the name shall becntn,; Ao,. am t urantors agree too pay the deficiency in said account on demand. Third l Gy third any. shall be returned to the owners of said Party d p r o that upon tell . a trot of al/ amounts due d, the an a is said i t:n a u fu r- ther act on the part of the property erb alanc Any r oo t l non f mid property shall applied es a transfer Ira te of due acid and insurance the ncipal. without fur - P P Y owners. The balance o[ the total monthly payment shall be applied first to interest due and then to the principl, Third party may, without being required to do see pay any such taxes or assemmenta, or take out and maintain such Insurance, and all amounts so b,. payable immediately, Without demand. bear interest from the dates when same were made until the paym -nt thereof at the rate of ten per centum is, and shall be and shall stand secured by this deed of trust: and it is further understood that this deed of trust is mad' f „r the securing and enforcement of the shall h:,. cat of any ocher ind,:btcduess what:4,cver which the said Grantors, or any of them, may now or at any tune or ten,, a hereafte ow or become indebted u, d party, however or from whatsoever source said indbtrdness may accrue or arise includin • by Pee which the holder of raid Indebtedness may incur in defending the title to said mortgaged e premises, all of well as any reasonable nta expenses to pay, and ndin news shall bear interest at the rate of ten g a c premiea all of l which d sand and both Grantors prip cial and day, all such r ind bl payable at the office of this per re sly per annum from the date o f accrual thereof t amounts paid, party interest n thereon shall a graph may be deducted from any f unds In expressly belonging g to Gran tt Grantors, or at the option of Third Partymay be added to the e principal of �tnote isecured hereby but such action shall not prevent third party from declaring said note immediately due and payable. at its option, and proceeding to enforce para under this trust. The amount and nature of such advances shall be fully established by the certificate of any trustee acting hereunder, and such certificate , -!tall be admissible as evidence of such payment. its remedy In event a part of the principal of the debt evidenced by said note is not secured by a lien upon said property, payments on the principal thereof shall be ap- phed first to the part not secured by lien until the same is fully paid. In event the lien securing a part of maid debt does not cover all of the above described party. payments upon the debt secured by lien shall be applied first to the part thereof which Is not secured by all of the above described the pa; t a is secured by all of said property. pro- PCUpertY, and then to NOW SHOULD Grantors make prompt payment of said indebtedness 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 Grantors. But incase default is made in the payment of any installment of taxes and insurance herein provided for or in the payment of any installment of 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 one er me:e of the agreement, hen in provided to be kept and performed by Grantors, or should it be discovered after the execution and delivery principal tnent. that there rs a defect in the title of Grantors to said premises. or that there is a lien or incnnbrance of any nature whatsoever on the same o perform a home- :dead claim set up to the ,Ime. adverse to this trust, and Grantors shall not, on demand of third party e Y tt ue h i e f fen tc ts in sm.h title and perb rt Om .sa mo. or remove such lien or incumbrance or eemestead claim,then. or upon an holder rn s ch default failures correct or upon the P of en✓ ouch .thee e ei the whole amount of said indebtedness remaining unpaid shall at the option of third party or other holder of said in- d.btedpea any part thereof or any part theleef immediately mature and bcome payable and it shall thereon or at any time thereafter the same or an Peen r� o paid be the duty of the Trustee herein. and of his successor or substitute as hereinafter provided, on the request of third other holder remain- said end btednsa or any part thereof. (which request is hereby presumed) to enforce this trust and after advertising the time, place rt 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 in thereof rt three public places in each county where odd real estate is situated, one of which shall be at the Court House door of each county. to sell the same fi first in any st.' et i e .t public e auction c o'clock nt of the Court House of the County in which Paid property or a part thereof is located. on the yes am an. in ra[ car in p. m.. to te highest bidder for cash, selling all the property above con - veyedc t the purchaser ass the Tr'stee acting may elect (all rights to a marshalling of security being hereby expressly waived). and make purchaser o general warran bi Grantors herein, and their heirs executors and administrators; and out of the u money arising from s -le, the Truster acting shall pay, first nit the expenses of advertising, sale and conveyance, including a commission of ten self: and then t. third party, or other holder thereof. the full amount of principal and interest due and unpaid on said indebtedness as herebefore set forth together with attorn tees thereon as in provided in said note. rendering the balance of the per cent g end slid see. .shall forever Inc a perpetual bar against Grantors. their heirs. asst Purchase Persons claiming g any. to under any them. of the m. . their IC Is s heirs and assigns: agreed that the recitals in the conveyanee to the purchaser shall he full evidence of the truth the o mstters therein stated, and all domed to hove been performed end said sale regularly and legally made. Third party or other holder under it shall have equal rightgtosbecome the pule as such tale. being the highest bidder. pre - purchsaer at Notwithstanding anything to the contrary contained herein or In said note. third party shall have no power to collect from Grantors interest on the amount lozned in excess of ten per cent per annum and payment of said maximum amount of interest shall discharge all obligations of Grantors for payment of interest. This deed of trust shell not be impaired by and shall not impair any other ancurity heretofore now or hereafter taken to secure payment of the debt secur- e•! hereby. It is agreed that the liens securing seed debt and any renewal or extension thereof and any power of sale which may hereafter be the same shall be prior and superior in all things to the rights of Grantors and all pennons claiming under them. in event title to said Grantors to s•mc other person. third given secure party may renew and extend said note with said other person without notice to Grantors and without impairing passes G Grantors' persanal liability on said note. Grantors hereby assign to said Association any and all rents on the premises herein described and authorize acid Association to take possession of said premises at any time there in any default en the part of Grantors in the performance of any obligations herein imposed and to rent the same for the account of ()renters and to deduct from puck rents all rests of collection end administration and to apply the remainder of such rents on the debt hereby secured. In the event of a for desure under the power granted hereby. Grantors. and their tenants andlor assigns in possession of said property shall thereupon become the tenants at will of the purchaser it such foreclosure sale and shall become liable for and obligated to pay such purchaser a reasonable weekly rental therefor, and sh -old sere) tenant refuse to surrender pnseessinn of such property upon demand the purchaser shall thereupon be entitled to maintain the statutory action of foreibte detainer and priers n writ of extitution hermmdor and this right shall be in addition to other remedies available to such purchaser. This deed of trust and a trustee's deed erecuted under the powers created hereby shall be. in any action of forcible detainer, prima facie evidence of the existence of the relationship of landlord and tenant as between the purchaser and Grantors, their tenants andlor assigns, The rbe -ter and by -laws of Bryan Building and Lean Aseecilion 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 e ^se or the absence or death of the Trustee herein named. or his or her inability, refusal or failure to act, a successor and substitute may be named. e• and opointed by third party. or other holder of said indebtedness without s ther formality than an appointment and designation in writing; and this rr.nveyanee eb-1l vest in him as trustee. the estate and title in all said premises and he shall thereupon hold, possess and execute all the title, rights, pow - ere and dntim herein conferred en avid Trustee named. and his conveyance to the Purchaser ahall_be equally valid and effective; and right to a ppoint a auc• (Tester or Substitute Trustee shall exist as often as and whenever from any of said causes, any Trustee, original or substitute, can not or will not act. g II is further rxprenety men ed thae to ere event. third party is authorized at its option to appoint in writing a Substitute Trustee to act instead of the Trustee nano 1 hmin: and said Truster shall aucceed to all of the rights, powers and duties herein conferred on the Trustee named herein. Es, :toed this 1st day of. _ August A. D. 19.42... • A,li'xe.d.. Fr. &,nkcl i n C he 1 k Jr. INDIVIDUAL ACKNOWLEDGMENT eiIE STATE OF TEXAS int_ of Brazos le: , , t_ undersigned authority, en this day personally appeared A.F.�%halk (tilfred Franklin chalk, Jr. ) ,e fie ii, .,:r„ 1 whose name (s) Is subscribed to the fore, o:n g Instrument, , and acknowledged to me that he executed -, �•,�� Ieurp „w, , and e•msid•ratinn therein expressed. ., hand are, .. I f .eft!,. , , 1st day of , A. D., 1942 F. L. H'9 s. ....I,F....L...' (:7,AL) - Notary Public in and for +.,+x'az Qsg County, Texas WIFE'S SEPARATE ACKNOWLEDGMENT , el >, . r,F TEXAS ,. .,l ,••• , ,1; p,- reonally app -ar, - wife of known to me to be the person whose name is subseribed to the foregoing instrument. ,, .u 1 -:p fro her said husband, and having the same fully explained to her, she, the said acknowledged said instr •nt to be her act and deed, and declared she had willies Is .__noel ' < ' I „ = ; :i r:,i eon th, r in , xpe so, -d.: and that she did not wish to retract it. day of 19 Notary Public, Cou Te \as The fore is a true copy of the original instrument which was filed for record on the 1st day of August, A.D. 1942 at 3 :30 o'clock p.n. and duly recorded on the 3rd day of August, A.D. 1942 at 11:40 o'clock a.m. to which I certify ”. SygLak, C.C.G. .C. • �1r4 0 7tC4 - >, ).; - Deputy • THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS 1 WHEREAS on the 1st day of August, A. D., 1943, W. W. Armistead and wife Martha S. Armistead conveyed by Warranty Deed Lot No. 29 in Block No. 19 in the College Hills Estates Subdivision, Fourth Install ment, a plat of which is recorded in Volume 104, page 243, Deed Re- cords of Brazos County, Texas; the consideration being $450.00 cash and the assumption of the balance due the Bryan Build- ing and Loan Association; said balance now being $2,686.60, and reference is here made to the aforementioned Deed which is recorded in Volume 110, page 502, Deed Records of Brazos County, Texas; and reference is further made to the Deed of Trust executed by Alfred Franklin Chalk, Jr. to Aline Brogdon, Trustee for the benefit of the said Association, to secure said Association then in the sum of $2,750.00, same being recorded in Volume 16, page 321, Deed of Trust Records of Brazos County, Texas; and WHEREAS at the time of the execution and delivery of said Deed, aforementioned, the said Alfred Franklin Chalk, Jr. agreed to pay W. W. Armistead the sum of $100.00 as part of the consideration of said conveyance; and WHEREAS, the said Alfred Franklin Chalk, Jr. has made application to have the said Association pay said $100.00, and has agreed that said Deed of Trust Lien shall be extended to cover said $100.00 as well as said amount now due on same; NOW THEREFORE, I, ALFRED FRANKLIN CHALK, JR. in consideration of the advance to me of the said sum of $100.00, to discharge said debt due W. W. Armistead, as part of the consideration of said conveyance, do hereby acknowledge the lien as set out in said Deed of Trust and that said Deed of Trust includes the said $100.00, and that same bears interest from date hereof at the rate of seven per centum (7%) per annum, the same as the said other obligation. Same to be evidenced by a note of even date herewith, and payable to the order of the said Bryan Building and Loan Association in monthly installments of I $5.00 each, same including both #` principal and interest; that said note is on a parity with the said note described in said Deed of Trust; and in the event of default of either of said notes, then the holder thereof is fully authorized to empower the Trustee to sell the same for the purpose of discharging both of said obligations. And it is understood that all the conditions including he g power of sale and other conditions set up in said Deed of Trust are made a part hereof, the same as if i written herein. V +ITNESS MY HAND this the 4th day of August, A. D., 1943. • Alfred Franklin Chalk, Jr. THE STATE OF MISSOURI I I COUNTY OF JACKSON T T BEFORE ME, the undersigned authority, on this day personally appeared Alfred Franklin Chalk, Jr. 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 OFFICE, on this the 6th day of August, A. D., 1943. ' A. C. Baltzley (SEAL) Notary Public, Jackson County, Missouri • My Commission Expires March 4, 1945 The foregoing is a true copy of the original instrument which was filed for record on the 26th day of August, A. D., 1943 at 11 o'clock a. m. and duly recorded on the 28th day of August, A. D., 1943 at 8 :35 o'clock a. m. to which I certify. A. j . Syptak, C C. C. B. C. `e?` _ AE/ / Deputy w __ — • • 1 1 4'; e • • , - A 22-4'...3 ITC7Ir "'"IT TITESF: 1=RMEITI'S: n con:711 nn of the payne nt, in full a 'cordin p to the face an? ten rr ft, oroe ';ertain prc note dated the 1 day of Aufr,ust, 1942, in the sum of 1754).00 pay - tr r,rder of the BRy ri TITtr YP. r AFT) LOAF' ASSOCIATICT, at , Texas, descrited - )eeti or Trust executed by A. 1r. ciTALK (ALI'RED 771.:LIT1 (MILK, • ) to Aline Bro. Tr 'or t,hr: benefit, of the TirrrAll 11TTILDIra I,OAT „:,:;ocIATTor, dated the 1 Jay of 22 -4 3 Rel. August 19 , and recorded in vol. 16 on page 321 of the records of Deeds of Trust of Ir :IzG; County, Texas the BRYAN BUILTJITf: AND LOArT ASSOCIATION of Brazos, County, Texas, the owner any; said note, does hereby release he DE7D OT' TRUST lien shown by said DT;''D OF TRUST to exist upon the following described land, to secure payment of said note, viz.: �3eing Lot 29, in Block 19, in the College Hills Estates Subdivision, 4th Installment, olle -e Station, Brazos County, Texas. This instrument is to release said Deed of Trust Lien and any and all other liens described therein, and to discharge the makers thereof from said obli'ation. The signature and seal of the BRYAN BUILDING ATTD LOAF? ASSOCIATION ';fitness this 16 day of September 1947. (SEAL) V'i'EST: BRYAN RUILDIrTG AND LOMT ASSOCI.Y^ICI' Aline Brogdon Secretary By Ivan Langford President ? STAVE CT TEXAS d ^il^.?'n'T`' Or, Win, ^.,`ACS '�^ "�" 0 RETO . ., the undersigned, : =1 rotary Public,4n and for said Count , Texas, on this day personally appeared TT M' L.A 'ORD, President of the BRYAN? BUILDIY , r LOAD ASSOCIATI 7 a corporation, known to me to be the person, and officer wn ose name is auos rihed to the foregoing instrument, and acknowledged to me t.. ".at he executed the same' "or the rur: ses and consideration therein expre -sed as the act and deed of said Corporation and in the capacity 1 therein stated. qTTTEr 1 1N 7 379 °"Y ?'ATTf ANT) SEAL OF OFFICE, This 16 day of September, A.D. 1947. (SEAL) - F. L. Henderson notary Public in and for Brazos County,Texas The foregoing is a true copy of the original instrument 1 hich was filed for reco_d sn the 22nd play of September A.D. 1947 at 4:45 o'clock p.m. and duly re on the 23rd da7 of September A.D. 1947 at 11:35 o'clock a.m. to which h certify. A. R. 3YP a t .'3.C. • • • h t s • • • • n • ',nd Loan ,;_..)ci-,tion, . t: printipr:1 an:: inter. - :d a like installment u..:; until the entire princi7a1 sum,, to ,.. . .. i for oast due interest, acce . it e ent or def:.:lt and s : id note is placed in t h e .) 1 ected by le•,l proceedinTs. :e :eby tra sfer and assi,n all ri ;ht, title and interest we ..awe _ri ... to t e nescribed property by virtue of said lien and note unto t r - cHtion, it kavin: paid us said sum of 43,750.00. ve Jra-.ted, sold and conveyed, and by t:.ese presents do ,;rant, sell an i convey said :•.anon ;. •+il1iamson Jr. and :",oneta J. illiamson of t : e - ;ounty of lira7os, .'exas all t at certain lot or parcel of land, lying and being situated in �-irr:z s ;ounty, exas, and being - Lots Twenty-Nine (29) , in Block Nineteen (19) in t:;e College Hills F. s *-it es d . iiv .lion, r'ourt : installment, a plat of which is recorded in Volume 104, pare 243, sae: .ecords of Brazos County, Texas; said property being situated in :Tolle -e dtation, ;ounty, fexas. And being the same property conveyed to A. F. C:.alk (hlfred Franklin Caalk, Jr.,) Armistead, et ux, by deed dated August 1, 1942, and recorded in Volume 110, Pae 502, L� d uecar of 3raz)s County, Texas. i:,,': ; :,::J TO i~;3L0 the above described premises together with all and sin - ular, t.,e ri ,ts and appurtenances thereto in anywise belonging unto the said Marion ::. .:ill i : on . n: :d Moneta J. i illiamson, their heirs and assigns forever; and we do iereby bind ourselves, our ..eirs, executors and administrators, to *arrant and Forever )efend all and sin -ular the said premises unto the said Marion N. ++illiamson Jr and i•.oneta J. •.Villiaeson, their : .•u a ss i -ns , a7a inst every person whomsoever lawfully claiming, or to claim t `:e , 'r any p:rt • thereof. :d,t it, is expressly agreed and stipulated that the Vendor's Lien is retained �,.. the above described property, premises and improvements, urtil t! above described note all interest thereon are fully paid according to its face and tenor, effect and re .i - en t :is deed shall become a bsolute. .Vitness our -:ands, at Bryan, Texas t: is 12 day of September, A.L. 1947. :revenue Stamp :affixed Alfred Frs•.nklin Chalk Jr duly cancelled. ;Marie Chalk . :E •)r i'EXiU l )r' r, ,. ,.J,S I L,1'Jka ME, the undersi wed authority a Notary Public in Jrud .;r :,. , :> County, Texas, on this day personally appeared Alfred Franklin Chalk kn3wn to me to r,e person whose name is subscribed to the foregoing instrument, and acknowled ed to •,',:,r, executed the same for the purposes and consideration therein expressed. 131 -fi¢g Deed k s - '- Given under my hand and seal of office, this 12 day of September r+.i. 1947. F. L. .lenderson Nothry Public for Brazos Count ,Texas. JF 61.. ALL ( 3:.:'JiE 14E, the undersigned authority „ iiot::ry rublic in Dra:LJs County, Texas, on this day personally appeared Marie G.alk, wife of alx known to me to be the person whose name is sacscribed to the fore•oi:, and having been examined by me privily and apart from her husband, and avin t:.e s:::,:e exp lained to. 'per, she, the said ,•'.arie C.:alk acknowledged such instrument to be her act deed, and she declared that she had willingly signed the same for the purposes c,r, con - ;ideration therein expressed, and that she did not wish to retract it. Given under my ,;and and seal of office, this 15th day of September, A.J. 1947. :na Louise i'iiller :rotary t' .blic in (3 and for Bell County,Texas. fore - oin., is a true copy of the original instrument which was filed for r -cord on toe 22nd day of Sent. A.J. 1947 at 4:45 o'clock p.m. and duly recorded on the 25th of Sept. i .il. 1947 at $:30 o'clock a.m. to waicn 1 certify A. b. Syptak, C.C.C.B.C. e „->11TGAJ4D� D eputy • • • • •• THE STATE OF TEXAS. KNOW ALL MEN BY THESE PRESENTS: l`OPNTY OF That , L. ...i - , .. , !n'3 i °e, .'oneta T, n11 • of the County of Brazos and State of Texas, hereinafter tailed Grantors. whether one or more. BEING JUSTLY INDEBTED TO BRYAN BUILDING AND LOAN ASSOCIATION, • corporation, domiciled at Bryan. Brazos County Texas, hereinafter called Third Party. to the sum of 77777 r' url' ?; n Tm 7,77 "T �'T nTn. 1 ' Dollars. evidenced by one certain promissory note of even date herewith. executed by Grantors. payable to the order of said Assoclatlon, bearing Interest from date until matur- ity at the rate therein provided. Interest payable monthly, said note being payable out of a total monthly payment of 8 3 • 7 `) to be made by Grantors to third party on the 10th day of each month hereafter until fully paid, said total monthly payment to be applied first to the payment of the sum of 8 2 `! on the 10th day of each month hereafter into a "taxes and Insurance account" and the balance to be applied towcrd payment of a monthly Installment of $ j'' a i1 • upon said note, said installment to be applied first to the interest due and then to principal. all of said payments being payable at the office of Bald Association In Bryan. Texas. all past due principal and interest bearing interest from maturity thereof until paid at the rate of ten per cent per annum. and with ten per cent additional as attorney's fees thereon to case same shall be placed in the hands of an attorney for collection. suit or establish- ment in any manner In any court. and providing for maturity of the entire balance then unpaid at the option of the holder In event of default for more than two months in the payment of any Installment or of any monthly payment hereon, THE PAYMENT OF WHICH NOTE ACCORDING TO ITS TERMS GRAN- TORS DESIRE TO ASSURE AND SECURE TO SAID THIRD PARTY. In consideration of the sum of Ten Dollars (810.00) and of other good and valuable con- siderations in hand paid by ALINE BROGDON, second party, hereinafter called Trustee, the receipt of which is hereby acknowledged and confessed. HAVE GRANTED, BARGAINED. SOLD AND CONVEYED. and by the se presents do grant, bargain, sell alien, convey and confirm unto the said Trustee, and also to the Substitute Trustee. as hereinafter provided. all of the following described property, together with all improvements thereon, or hereinafter placed thereon, as well as all betterments or addition thereto, and all and singular the rights and appurtenances to the same belonging or in anywise incident or appertaining: Lot 29 1n Block 19, Tourth Installment of College ::ills s ates :,uh i'�_ '; r ; n e 'it o f ^,ollege ^tati on, Brazos County Texas; and being • e r r cart'; ' fialk by 'T. W. Armistead, et ux, by deed d=ted -'.0 - ust , , 1242, inn fever -?end To11->r1e 110, pane 502, Deed Records of Braze:: C.:•unt• • • • vendor's lien THIS DEED OF TRUST is a renewal and an extension of a note and lien securing same. which has been transferred and assigned to said Association In a ..de.ed. and thin deed of trust In no wise affect. or impairs the original liens except as herein extended and renewed. 1 d deed of even date herewith wherein said property was conveyed to us b-r Alfred • - ran' 1 i n ^,hr11'• et ux and the vendor's lien is retained herein as well as in said tie entire Principal sun together wittl interest thereon is fully pail. • "ari on r. - illiartson Jr. WHEREAS the said r Is • 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). Tt la agreed that third part shall be subrogated to all rights, liens and title of the holders of maid original notes hereby renewed and extended and that (lens shall continue In full force and effect as security for the above described note, and Grantors expressly acknowledge that said Ilene are valid. TO HAVE AND TO HOLD unto him (or her) the said Trustee and to his (or her) successors and assigns forever, the above - described property and pre- mixes. together with all and eInguiar the rights and appurtenances thereto In anywise belonging. And the said Grantors do hereby covenant with the 'aid Trustee and his suceeeeors, that the indebtedness for which this deed of trust Is given as additional security. Is secured by a first and prior lien on the above d.arribed land and Improvements, and will WARRANT AND FOREVER DEFEND the title to the same or any part thereof unto the said Trustee, his suc- .eore and sexlgne, against the lawful claims and demands of all persons. Any title to the lands herein described hereafter acquired by Grantors or either of them or their assigns shall Inure the benefit of this trust. 9 • • For the better securing of the payment of said note Grantors do hereby agree and hind themselves: 1. To pay the monthly payments herein provided for and said Indebtedness and all Interest thereon promptly as the same becomes due and payable. 2. To keep all fences. buildings and other Improvements now on the said premises or hereafter put thereon. in good condition and repair and to permit not waste on said property and generally to do no act by which the value of the abeve- described premises may be Impaired. 3. To insure and keep Insured the improvements on said land against loss or damage by fire, to an amount not less than the amount of the Indebtedness secured by this deed or trust. or. if the reasonable value of such Improvements shall be Mee than the amount of the Indebtedness, to an amount not les. than the re asonable value of said Improvements; and against loss by tornado or windstorm to an amount not leas than half of the reasonable value f the Improve- ments on said land, unless the value of the land ws:hout Improvements shall be more than fifty per cent greater than the amount of said Indebtedness in which vise no tornado msuruna- shill hr required, all of said insurance to be taken out with an Insurance company or companies approved by third party, Its success- ors ,r assign. with loss If any. payable to third pa rty, or Ihe-r holder f said indebtedness'; and to deliver the policy or policies of Insurance as soon as written, to third party. or other holder of said Indebtedness. Any funds collected by Third Party or other holder of said Indebtedneas under any such insurance policies may be credited thereon. or may at the option of 1 iird Party, be expended in replacing or repairing the improvements destroyed or damaged. Irrespectively of whether the said indebtedness is in default. 4. To pay all taxes, assessments. water rates and other governmental charges levied against said premise. as the same become payable and to promptly de- liver the official receipts therefor to third party. 5. To pay any specific tax or assee.ment collected on said note from the holder thereof (other than present Income tax) and to pay mid note without deduc- tion for any tax paid by Grantors. 6. Not to abandon said premises. 7. Not to convey said property without having the purchaser assume payment of said note. 6. That in the event the premises described above. or any part thereof. shall be condemned and taken for public use under the power of eminent domain. third party shall have the right. at Its option, to require that all damages awarded for the taking of or damages to said premises be paid to third party. up to the amount then unpaid on the indebtedness secured hereby. and to apply the sum so received upon the principal of said indebtedness. 9. That if foreclosure proceedings. or sale under any second or Junior lien of any kind be instituted. third party may at its option declare the Indebtedness secured hereby immediately due and payable. 10. To pay upon demand any deficiency in a "taxes and insurance account" set up as follows: The total monthly payment above mentioned shall be applied first to the payment sat the sum above specified on the first day of each month hereafter to the credit of. "taxes and insurance account" In the name of Grantors, and tuxes upon said property and premiums for ineur•tnce a ntracted tor. including lice insurance, shall be charged against said account when paid by third Grantors a event the amount credited to said account shall not be sufficient to pay taxes and insurance premiums when the same shall become due and payable, ra or agree to pay the deficiency in said account on demand. Third party agrees that upon full payment of all amounts due it, the excess in said account, if any. shall be returned to the owners of said property. Any conveyance of said property shall serve as a transfer of said taxes and insurance account without fur- ther act on the part of the property owners. The balance of the total monthly payment shall be applied first to interest due and then to the principal. Third party may. without being required to do eo. pay any such taxes or assessments. or take out and maintain such Insurance, and all amounts no paid shall be payable Immediately. without demand, bear interest from the dates when same were made until the payment thereof at the rate of ten per centurn per annum, and shall be and shall stand secured by this deed or trust: and it is further understood that this deed of trust is made for the securing and enforcement of the pay- ment of any other indebtedness whatsoever which the said Grantors. or any of, them. may now or at any time or times hereafter owe or become indebted to third party. however or from whatsoever source said indebtedness may sccr ue or arise including by purchase as well as any reasonable expenses including attorneys fees which the holder of said indebtedness may Incur In defending the title to said mortgaged premises. all of which sums Grantors agree to pay, and all such indebt- edness 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 para- graph may be deducted from any funds in Its hands belonging to Grantors or at the option of Third Party may be added to the principal of the note secured hereby. but ouch 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 estaLliahed by the certificate of any trustee acting hereunder. and 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 Ilen upon said property. payments on the principal thereof shall be applied first to the part not secured by lien until the s - me is fully paid. In event the Tien securing a part of said debt does not cover all of the above described property. payments upon the debt secured by lien shall be applied first to the part thereof which is not secured by all of the above described property, and then to the part which Is secured by all of said property. NOW SHOULD Grantors make prompt payment of said indebtedness 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 Grantors. But in case default is made in the payment of any installment of taxes and insurance herein provided for or in the payment of 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 execution and delivery of this instru- ment. 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 nn the same or a home- Nerd 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 ouch title and perfect the same. or remove such lien or incumbrance or hnmrstead claim. then. upon any such default or failure. or upon the happening of any such other contingencies. the whole amount of and Indebtedness retraining unpaid shall at the option of third party or other holder of said indebt- - ednesa or any part thereof immediately mature and become payable and It shall thereon or at any time thereafter the same or any part thereof remain- ing unpaid be the duty of the Trustee herein. and of his successor or substitute as hereinafter provided, on the request of third party, or other holder of t`. said indebtedness or any port thereof. (which request is hereby presumed[ to enforce this trust and after advertising the time, place and terms of the sale • of all the above conveyed and described property for three consecutive works next before the day of sale, by posting or causing to be posted, written notices thereof at three public places In each county where said real estate is situated one of which shall be at the Court House door of each county, to sell the same I. accordance with such advertising. at public auction in front of the Court IT• use of the Cmmty in which said property or a part thereof Is located. on the first Tuesday in any month. between the hours of 10 o'clock a. m. and 4 o'clock p. m., to the highest bidder for cash. selling all the property above con- veyed as an entirety or in parcels as the Trustee acting may elect (all rights to a marshalling of sernrity being hereby expressly waived). and make due con- veyance to the purchaser or purchasers, with gener^I warranty. binding Grantors herein. and their heirs, executors and administrators; and out of the money arcing from such sale. the Trustee acting shall pay. first of oil the expenses of advertising. sale and conveyance, including a commission of ten per cent to him- self: and than to third party, or other holder thereof the full amount of principal and i °to •at due and unpaid on said Indebtedness as herebofore set •forth together with attorney's fees thereon as is provided in sell note, rendering the balance of the purchase money. If any. to Grantors, their heirs and aeelgns; end said sale shall forever be a perpetual bar against Crrntors. their heirs. assigns and all other persons claiming under any of them. It is expressly agreed thrt the recitals in the conveyance to the purchaser shall he full evidence of the truth of the matters therein stated. and all preregisites to said sale be pre- sumed to have been performed. and said sale regularly and legally made. Third party or other holder under it shall have equal right to become the purchaser at such sale, being the highest bidder. Notwithstanding anything to the contrary contained herein or in raid note. of interest shall discharge all obligations of Grantors for payment of interest. loaned in excess of ten per cent per annum and payment of said maximum amountthlyd party shall have no power to collect from Grantors interest on the amount This deed of trust shall not be impaired by and shall not impair any other security heretofore now or hereafter taken to secure payment of the debt recur- . ed hereby. It is agreed that the liens securing said debt and any renewal or extension thereof and any power of sale which may hereafter be given to secure the same shall be prior and superior in all things to the rights of Grantors and all persons claiming under them. In event title to said property passes from Grantors to some other person, third party may renew and extend raid note With said other person without notice to Grantors and without impairing Grantors' personal liability on said note. Grantors hereby assign to said Association any and all rents on the premises herein described and authorize said Association to take possession of said premises at any time there 1s 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 ell costs of collection and administr: tion and to apply the remainder of such rents on the debt hereby secured. In the I event of a foreclosure under the power granted hereby. Grantors and their tel ants and /or assigns in possession of said property shall thereupon become the tenants at will of the purchaser at such foreclosure sale and shall become liable for and obligated to pay such purchaser a reasonable weekly rental therefor, and should such tenant refuse to surrender possession of loch 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 he?ebv shall be. in any action of forcible detainer. 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 1s 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 to act, a successor and substitute may be named, constituted and appointed by third party. or other holder of said Indebtedness without other formality than an appointment and designation In writing; end this conveyance shall vest in him as trustee. the estate and title in all said premises and he shall thereupon hold possess and execute all the title. rights, powers and duties herein conferred on said Trustee named. and his conveyance to the purchaser shall be equally valid and effective; and right to appoint a suc- cessor or Substitute Trustee shall exist as often as and 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 succeed to all of the rights, powers and duties herein conferred on the Trustee named herein. Executed this 12 day of `September A. D., 111....47. warion T'. Williamson, Jr., t "oneta J. Williamson THE STATE OF TEXAS INDIVIDUAL ACKNOWLEDGMENT • County of R??A?CS rarion F. Willian�n .,Tr., Before me, the undersigned authority, on this day personally appeared known to me to be the person, ow whose name (SIX 1 S gnirg Inetrumeat. subscribed to the fore r C ail/acknowledged to me that he executed the same for the purposes and consideration therein expressed. I �7 Given under my hand and seal of office this the 12 day of September, 1947. 4 f . F. L. ' ?enderson Notary Public in and for Brazos - County, Texas fFIE STATE OF TEXAS WIFE'S SEPARATE ACKNOWLEDGMENT County of ". Before me. the undersigned authority, on this day personally appeared t "Qfe$ 1, eT, Williamson wife of " xZ 1.I7. ' .. • '� " "'�' + ' ' u * s known to me to be the person whose name 1s subscribed to the foregoing Instrument, and having been examined by me privily and apart from her said husband, and having the some fully explained to her. she. the said I :nneta..J «...� lliai:$Qn aeknowledged said instrument to be her act and deed, and declared 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 ses1 of office, this , day of..,, iE'Albor -47. Leonard C. Atherton (F.EAL) LioCulloch Notary Public In and for O0Mat7• Taws. The forepoine, is a true copy of the orininal instrument which was filed for record at 4:45 -p. :;., September 22, 1 and duly rocorded at 5:00 p. September "23, 1947, to whic`i T certify. S�rtLT;;I;,gC, m ss -2 Deputy • . ., . TAX CERTIFICATE i. STATE OF TEXAS CC-UNTY OF BRAZOS College Station, Texas,]___AVIL47 I, Tax Assessor- Collector for the City of College Station, Tex ^.s, 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 taxe3 against the following described property, up to and including the year 1947, except for the years 19 . Amount Delinquent $ Current $ 36.00 Total $ 36.00 Lot or Block Addition Aost. or acres or survey 29 19 College hills Rendered in the name of A. F. Chalk Jr. for the year 1947 , 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 taxpayer or Abstract and Title Company who wishes to check them. This certificate includes school taxes beginning with January 1, 1945. For clearance on school taxes for previous years, a certificate should be Otained from A. & M. Consolidated Independent. School. )(::) /71 1ssor -Col ecor, City of College Station, Texas TAX CERTIFICATE THE STATE OF TEXAS COUNTY CF BRAZOS Bryan, Texas, Jct. 2'1 19 47 I, I. M. Tieedon, Tax Assessor- Collector for Brazos County, Texas, hereby certify that I have made a careful check of the delin- quent tax rolls in use in my office, and did not find a record of any delinquent taxes against the following describes; property, up to and i ncludin,7 the year 1947 , except frr the years 19 47 Amount delinquent Current $ 12.02 Total ; 12,02 • • Lot or Block ;Addition Abst,: or acres: or Survey: 29 t 6 'o11ege itl 1 s Est Rendered in the name of 1 • 0ha 1 k for the year 19 47 . 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 rrho wishes to check than. 1 . eedon Tax Assessor - Collector, Brazos County, Texas By: Deputy. • . . • . e' r THE STATE OF TEXAS i COUNTY OF BRAZOS 1 THE BRAZOS COUNTY ABSTRACT COMPANY, INC., hereby certifies that the above and foregoing Supplemental Abstract of Title taken in connection with Abstract of Title ;umbev 3008 dated ;ay 5, 1941, and prepared by the Brazos County Abstract Company, Inc., contains photographic copies taken from the actual record of each and every instrument filed and recorded in the of'iices of the Clerk of the District Court and Clerk of the County Court of Brazos County, Texas, affecting title to the property described on the caption here- of, from the sovereignty of the soil down to date hereof. • we also certify that the herein abstracted proper - ty lies wholly within the City of Bryan, Brazos County, Texas and that this abstract contains . THIRTY NINE (39) pages. we do not certify as to taxes but show on page 37 tax certificate from the City of college Station, and on page 38 tax certificate from the County of Brazos, Texas, showing condition of same. WITNESS OUR HAND AND CORPOR!1TE SEAL at Bryan, Texas, this the 23rd day of September, 1947 at 5 :00 o'clock p.::. BRAZOS COUNTY AESTRACT COMPANY, Y, INC. N. ., _4L4 Coulter .� 4' _ Coulter noppess resident vi