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S U P P L E M E N T A L
Abst ract of Title • •
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n t r. .: � � i h � -
N O. 2629
(Supplementing Our Abstract No. 2232)
TO
Being a part of Lots Nos. One (1) and
Two (2) in Block No. One (1) of W.C.
Boyett ►s Subdivision of part of J. E.
Scott Survey, Abstract No. 50, Brazos
County, Texas, according to plat thereof,
recorded in Volume 38, page 614, of the
Brazos County Deed Records, and appearing
in the name of L. A. Webb.
FOR
Mr. L. A. Webb,
College Station,Texas.
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COMPILED BY
BRAZOS COUNTY ABSTRACT CO., INC.
W. S. BARRON, PRESIDENT
BRYAN, TEXAS
October 17, 1938.
SUPPLEMENTAL ABSTRACT OF, TITLE
(Supplementing O Abstract No. 2232)
To. i
Being a part of Lots Nos. One (1) and
Two (2) in Block No. One_(1) of W. C.
Bo; *ett's Subdivision of part of J. E.
Scott Survey, Abstract No. 50, Brazos
'County, Texas, according to plat thereof,
recorded in Volume 38, page 614, of the
Brazos County Deed Records, and appearing
in the name of L. A.Webb.
For
Mr. L. A. Webb,
College Station,Texas.
Prepared.
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October 17, 1933.
By
BRAZOS COUNTY ABSTRACT COMPANY, INC.,
BRYAN, TEXAS.
/ NO. 2629 7
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I- N -D -E -X
Kind of Abst
Grantor Grantee Instrument—Book-Page—Record-Page
Title page 1
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Index
q. A. Boyett, et al . . . E. J. Kyle . . . . Deed . . .88 . .359 . Deed . .3
E. J. Kyle L. A. Webb . . . . Deod . . .93 . . 42 . Deed .. 6
L. A. Webb F.L.Henderson, Tr . D/T . . . . 5 . .390 . D/T . .. 9
E. J. Kyle, et ux . . . L. A. Webb . . Rel . . . .15 . . 38 . Rel. . . 12
L. A. Webb t . Sam Murphy . . . . I\IML . . . . H. ..481 . MML . . 14
Sam Murphy Seaboard Life Ins.Co.Trf . . .97 ..216 . Deed . 17
L. A. Webb, et ux . . . Burke Baker, Tr. . .D /T . . . . 8 . .254 . Deed /T. 20
County tax certificate • 28
Abstracter's certificate 29
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A. Boyett et al ( D i E D
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Dated yebruay 18, 19..b.
to Filed Yeburary ,5, 1965.
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Recorded in olurle 88, pa_;e Ob9, •
J. "yle Deed Records, razor County, 'Texas
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THE STATE OF TE $ I
COUNTY OF DR .XOS 1 ilia; ALL _., II .I E
That whereas, she last will and testti_Lent of -. C. Boyett,
deceased, late of T'razos •:ounty, .exas, r as duly c riit _•ed• to probate
on the 1st ray if June, A. D. 1901, in the "'robate Courts of Brazos
County, Texas, and A. Boyett, C. E, Boyett, and uran d. Boyett,
and Lillie U. Boyett were confirmed and appointed as independent ex-
ecutors under said will.
AND ',:t1ERE'AS, the said '". C. Doyett, under the t erns of said
will, did authorize and ieiapower his said executors to make sale of •
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and convey all or any of his said real estate in order to pay the debts
of ss;id deceased, and to make the necessary conveyances to aaid i•
purchaser; •
Adn) :.iil: t.ri.: it is necessary to sell a portion of said -
estate in order to pay the debts of deceased, especially judi..ent
rendered against said estate, for an indeb edness incurred by said
deceased in favor of the City :rational Lank of Bryan, Texas, in Cause
IIo. 12236, District Court of Brazos County, 'Texas;
NOW HEAL El.'O'hE, we, W. A. Boyett, J. L. ryett, and °ran H.
Boyett, being the surviving executors named in said 6;i11, by virtue !1,'
of the pourer of authority as 0
foresaid, and in consideration of the
sum of Fifty Eight Hundred itivienty rti'o 8,842.00) Dollars to us in hand •
pcid by E. J. Kyle and wife Alice iiyers Kyle, the receipt of which is
hereby acknoillec. ;ed and confessed; all of r'hieh is used in paying;; off
the judgment and debts afroesaid, have
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RA1T'TED, BRRGx1NED, SOLD ANL CO `1I2Y2D and by these presents,
grant, bargain sel , and convey, unto the said E. J. Kyle, and ife
Alice iyers Kyle, of the Cow..ty of 3razo.., State of Texas, certain
tracts or parcels of land, „)ie property of thesaid 7. oyett, de-
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ceased, situated in the Coulluy of ...razos, iA.bi.o of •2e;;as,qnd i_ore 1
particularly described as follows to-wit;
^ein; that portion of Lots, One (1) and Two (2), ' i1ock o.
'e (1) of the ''oyett's ..;ubdivision of a tract of k na convoyed , to
by 'feed dated, September 189s, 189.., said recorded in Vol. 11, pa :;es
14 , Peed Records of Brazos Coun y, le:�as. i ap of said ubdlvlsion being
filed for record in Vol. OS, pae 614, Deed Records of razos _,ounty,
"1e ;. as; rtorence to which iu u.ere made. Said portion of paid lots
being more particularly •described as 1'ollot;
BEGINNING NIITG at the intersection of Sulphur Springs Rodd and •
Lain.Strret, being the ;cast Corner of Said Block Ito. One (1), according
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to said rap; follow the said Julpiiur Jpriiigs �iomu a iii:,tEurce of bo.:i
feet;
iL..iTCL in a ;'orthwesterly direction a distance of 71 2/0 feet;
i'hi.UiCL in a Forthwesterly direction a distance of 71 /:5 feet;
'iLiZJCL in a Ilortheas •L erly direct ion U i.:i feot to the Lain
Otre t line of said.. ,lock;
lila NOE follow said i.,ain .iti e :t in a .. outhef.ster1Lr direction a
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distance of '71 /6 feet to the I•LAC:. J' BLGI 1 JR : same b eiiii; a Lot I.
ft tins 56.5 feet on the .sulphur :;prints Ruud, and e._tendinc; back •
between parallel lines on ''ain :.treet for a depth of 71 2/6 feet. .
rilso Lots aix (ti) and Jeven (7 ) in .Mock 14) r D+ /o (2) in
Poyett s Jubdivision, -as described bone, nu in accordance .'itu Lfie
said glove described : :ap.
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Together with all : -.n( singular t, Le ri , :leLL'Uers, here -
ditenents, and appurtenances to the same ,,elongin or in any wise
incident or appurtaining thereto;
LO ±IAVL .211) TO HOLD, all and singular, the premises above
mentioned unto the said J. J. Kyle and wife, ;Lycra ;: :yle of
Brazos County, Texas, theeir heirs and assin,- forever.
hind we do hereby ;rind said estate to warrant end forever defend •
all and singular said premises unto said J. ._y le and. v: if e Alice
:: Lyle, their heirs, 5 nd asvigns against every person i:hoiusoever,
lawfully claiming, or to cle.ira Lhe aerie or any part thereof.
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;Fitness our hand, this 16•h dt-:,y of February , L. 1905.
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::;.6.00 Revenue ,_italps affi ...ed C. i.. Boyett •
and duly cancelled. Oran ti. Boyett
.T. A. I3o •ett
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I 1'Ai is OF T_�,'
001I :2Y .)F BROWN j • 1320.. L .nnie Laurie Low, a :'otary Public
in and for grown Cou _:,y ::3tate of Texas, on this day personally appeared
C. i. Boyett, known 60 me to be the •.•erson v :'lose name is subscribed to
the foregoing instnurj,ent , and acknowledged to _ that he executed the
same as executor of the estate of ';:. C. Boyett, deceased, for l.he
purposes end considerations 'therein expressed, and in the capacity there-
in set forth. • i •
Given under ray hand and seal of office, this the l8th gay of
February, A. D. 19Z;5.
ArnLie Laurie Low, Notary Public in •
and for Brown County, 'Texas.
THE 3 'ATE :JF 22, 1
COUNTY OF Fx IO 1 1 YORii LIE, F. J. Avant, a Notary Public in and
for the County of Frio, Jtate of Texas., on thid day personally appeared
Oran h. Boyett, known to Fie to be the person whose nape is subscribed
to the foregoing instrument and acknowledged to me that he executed
the sane as the executor of the estate of 17. C. Boyett deceased, and
for the purposes and considerations ,.herein expressed, and in the cap -
acity therein set forth.
Given under Fly hand and seal of office, this the wlst day
of February, A. D. 1965.
WEAL) F. J. Avant, :Notary Public in and for Frio Co. Tex.
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THE STATE OF 2Fa'AS 1 I.(
COUITTY OF BRi.ZOS 0 b FORE LE, C. C. Todd, a Notary Public in au
farthe County of Brazos, Mate of 'Teas, on this cay pe: sonally c »ear-
ed W. A. Boyett, 12.awn to nie uo be the person \;hs e name is subscribed
tothe foregoing instrwient, Hndacknowledeed to me that he executed
tiie serge as executor of the estate of W. C. :3oyett, deceased, and for
the purposes and consideration therein e and in the capacity
therein set forth.
Given under r:,y hand and seal of office, 1,his the N3rd day of
February, A. D. 1935.
(SEAL) C. C. 'loud, Notary Public in and
for Brazos County, Texas
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L. J. Kyle DEED
Dated January 28, 1957. i;
to 6 Filed January 28, 1937. .
Recorded. in Volume 93, pc_ ;e 42,
L. A. Webb d Deed Records, Brazos County, 1'e: :as
THE 3'ft - OF T:L.ZA3 •
COUIT2Y OF BRAZO.i ( I:'. Off: .:LL Ll.er i3Y i1 PRa 11•T`LJ:
That we, E. J. Kyle and Alice flyers Lyle, husband and wife
of the iow16y of Brazos, State of ' e.;;as for and in consideration of
the stun of 2 -iti'Y TH U3iITL cc I O /100 Dollars, to us paid, and
secured to be paid, by L. . '.'ehb as follows:
120,000.00, crash in hand paid, the receipt of which is hereby •
ack owledged, and the furifrer sure of '.310,000.00, as is evidenced by
one promissory vendor's lien note of even date herewith, payable to the
order of ;, J. Eyle and malice Lyers Kyle, on or before ten (10) years
after date; with interest thereon from c.:ate at the rate of sip (3$) •
• per cent per annw:tt; interez,L payable annually as it accrues; past C.
due interest to bear interest at the race of six per cent per annwn;
principal and interest payable at Bryan, exas. Said route providing
for a ccelerated ::airurity on f;•ilure to pay anti installments of interest.
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nd further j roviding in the event of default nd s-r;ie is placed in 6he
hands of at6orney for collection or if collected by le ;al proceedings,
t en an additional c•zn per cent shall be adued to prirruipal and interest
then due and owing, as L.tiorney's fees.
:his note constitutes a vendor's lien on the above described
property and a need of .rust is also ,riven : s ,.uditionul security.
Have t .i'i Oil .u; JOKVE D and by these presents do
grant, sell and convey unto the said '"'ebb of .he County of
Callas, :State of e : as all that certain lot or pardel of land lying
and being :situated in the County of : razos, tate of T'e1:as, and more
partieulafy described, as 13eing that portion of Lots 0ne (1)
and Two ( ) , iaoek >ne (1) , of the 1 -o;; etL's Subdivision of :.part
of the J. E. Scott Surv' y, in said State and County; the Plat of said
Subdivision being recorded in Vol. 38, page 6 14, Deed Records of
Brazos County, Texas, to which reference is here made; said portion •
of said lots being further described, as follows;
B 0IIT?IITG at the intersection of the Sulphur Springs Road and
rain Street, being the Nast corner of Block One (1) according to said
Map follow the said Sulphur Springs Road, a distance of 53.5 ft.;
11.611CL in a 1ofthwesterly direction a distance of 71 2/3 ft; •
THEITCE in aHortheasterly direction 55.5 ft. to Lain Street
line of said Flock.;
TailICE follow said rain Street in a Southeasterly direction
a distance of 71 2/3 ft. to the PLnCE OF 13. C-IIIIII0; same being a Lot
facing 53.5 ft. on the Sulphur Springs Road; and extending back between
parallel lines on Lehr Street a depth of 71 /u ft. and being jshe
First Tract of land described in the Deed from U. .,. :3uyett et al Ex-
ecutors, to us, s;_rae dated Feb. 18, 1935, and recorded in Volume 88,
page 35.), Feed Records of i3razos County, Texas.
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And for the consideration hhroinbe,iol e aet out, we farther
convey unto the said L. a. - 'ebb, all uur right, title and interest in
the party wall agreement End the va 1.. itself, when erecteu .s .,<st cut iri
t'_e Contract between iha nd- A. P. I'u e(;t (iE te af Jude 1, 19_2, f u(i
recur(a3 't Vel Le 1, i;t :e ' 4 0, 7 - (.or t)f Brazos County, Texas
and reference is here ii.de to said Contract for the description and
the recitals therein contained.
And we further convey all our right, title and interest in the
party wall and the rights under the Contract made by and between us and
A. Eitchell on June .x.,1966, and recorded in Volume 91. aage 449, Deed
Records of Brazos County, iaxas, and reference is here .lade to said
Contract; and it is understood tdk.t sinus the said A. L:ithcell has paid •
to us for the use of our wall as suet out in said aaa there can
be no further demand upon him, but it is understood taat all the inter-
est that we have as set out in both of said •;ontracts in reference to
said party walls, the rights thereunder, are hereby conveyed.
We further transfer and asi.;n all our interest in the
fo1:_owing lease Contract, to -wit: 1. Contract between us and Virgil
L;ercer of date -- -June 16, 1936, wherein a portion of said building, to-
*it: 'gib by 67 ft. on the "lest side thereof, was leased to Virgil
ercer.
2. Contract between us and L. L. ::urgers, of date June lo, 1936 •
wherein a. portion of bald building, to -wit: 20 by 26 ft to the
Iiortheast Corner of saiu building, was leased to s aid H. E. `.urgers.
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It is understood, however, that the lease to E. R. Ganady,
as set out in Contract, of date of Iiay 19, 196, is also transferred
and assigned herein. All of said 7,ontracts are transferred and
a:;signad herein, without recourse un ua.
TO ; . ' , .- :i) .:O K O L L theabove described prethisee, to gather
with k11 End singular, the rights, and appurtenancua taereto in any- r •
vise belonging unto the said L. A. ' ebb, htis heirs and.assigns, for-
ever; and we do hereby .And ourselves, our heirs, executors and
aumini: trators, to Tarrant and Forever Defend all :gnu sinular the
said premiNed unto th : aaid L. A. eb' , his heirs anda signs, agt:.in:3t
every person .'tolaoever lawful --y claiming or to claim he aat,e or
any part ';,hereof.
But it is e- :nreasiy L ; reed and stipul ,teu the the Tenduris
ien is retained a ,ainst the above des. ribed or promises and
ir.arovement, until the above described note and L11 interest thereon
are fully paid accurdin; to its face. and tenor, effect and reading,
when this. deed shall become absolute.
:fitness bur hand at Bryan, Tea as, this 28th day January A. D. •
1937. J. Kyle
09.80 Jtate stamps affixed Alice h".yers .Lyle
and duly cancelled.
y30.U0 Revenue :;tams. '?s affixed •
and duly cancelled.
c0UI;rY J+ I;.d, U., BEFORE ILL, Aline Brogdun, a I'otary in and for
Brazos County, eras, on thid day personally appeared y. J. kyle
and alive ..yers Kyle his wife both known to hire to be the persons whose
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names are s ubscribe. to tie foreG'oint; instru::hent L.nd uckno 1ed_;ec to
i.e that they each executed titest::;e for the purposes and consideration .
therein expresL.ed, and the said 1 liyers Kyle rife of the said
.�'. J. Kyle having; been exauined by me privily and apart from her •
husband, and havin; the s awe fully ex)lained to her, she, the said
:slice Myers Kyle acknowlecL ed such instrument to be her .•act and used
and she declared that she ha u,illinly; si�.ied the same for t he
purposea dnd consideration therein e..presed, LndthL t she aid not
wish to retract it.
Given under my hand and seal of office, this ,..;8th day of January,
A. D. 19e7.
_wine ro; don, Notary uhiic Brazos.
(. i) county, i'exas .
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L. A. Webb Q DEED OF TRUST
Dated January 28, 1937,
to 1 Recorded in Volume 5, page 390, of
Deed of Trust Records,
E. J. Kyle 4 Brazos County, Texas
THE STATE OF TEXAS 1
COUNTY OF BRAZOS 1 KN0W ALL NEN BYa THESE Ed PRTSEN S: Texas, That the
con under-
signed I. A. Webb of the County of ,
sideration of the debt and trust hereinafter mentioned, has granted
Bargained, sold, and conveyed, and by these presents do Grant Bargain,
sell and convey unto F. L. Henderson, Trustee, and to his suceessor or
substitute in this trust, ,nd to his and their assigns hereunder forever,
the following described property situated, lying and being situated,
lying and being in the County of Brazos, and State of Texas, to -wit:
Being portions of Lots Nos. One(1) and Two(2), Block One(1), W. C.
Boyett's Subdivision of part of the J. E. Scott Survey, Brazos County,
Texas; and being the same property this day conveyed to L. A. Webb by
E. J. Kyle and Alice Myers Kyle, and reference is here made to said
Deed for full and complete description.
TO HAVE AND TO HOLD the said described property, with all the
rights, members, hereditaments and em now or hereafter at
any time before the foreclosure hereof, in any wise appertaining or
belonging thereto unto the said Trustee, and to his successom or sub -
stutute hereunder, and to his and their assigns forever. And the under-
signed hereby bind 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 trueV, and to his
or their assigns forever, against the lawful claim or claims fo all
persons whomsoever.
THIS CONVEYANCE IS MADE IN TRUST, HOWEVER, TO SECURE AND ENFORCE
TIM PAYMENT of 1 promissory note of even date herewith(hereinafter
referred to as note), executed by the undersigned, payable to E. J.
Kyle and Alice Myers Kyle, or order at Bryan, Texas, as follows:
In the sum of 40,000.00 and payable on or before ten years after
date, to E. J. Kyle and Alice Payers Kyle, at Bryan, Texas, with interest
at the rate of six per cent per annum; interest payable annually as it
accrues; both principal and interest payable at Bryan, t exas; providing
for accelerated maturity, nd for past due inte est at the rate of six
per cent per annum; and constituting a vendor's lien on the property
hereinbefore described. And further providing inthe event of default
and same is placed in the hands of attorney for collection or if collected
by legal proceedings then ten per cent additillnal shall be added to
principal and interest then due and owing, as attorney's fees.
With interest thereon from date until paid at the rate of 6% per
centum per annum, said principal and interest payable annually as it
accrues at the office of E. J. Kyle. It is agreed that if default be
made inthe payment of any principal or interest on said note, or in the
performance of the covenants or agreements herein contained, or any of
them, then at the option of the legal holder of said note, the whole
of the principal debt herein secured shall become due and payable, and
may be collected by suit or by proceedings hereunder; and it further
agreed that if said indebtedness is not paid when due;,: and is placed
in the hands of any attorney for collection, or if collected through
the Probate Court ten per cant aditional on full amount thereof shall
be added attorney's fees.
It is also agreed that this Deed of Trust covers any and all re-
newals of the above described indebtedness.
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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 ntte, or any installment of interest thereon, when the
same shall become due, or in case of the breech of any of the agreements
or covenants herein mentioned, than at the request of the legal holder
of said note, the said Trustee, or his successor or succes -ors appointed
hereunder, is hereby authorized and empowered to sell the land hereby
convyed, at public auction, to the highest bidder for cash, at the
Court House door of Brazos Cout.ty, Texas, betweenthe hours of ten o'clock
a.m. and four o'clock p.m. on the first Tuesday in any month after hav-
ing given notice of the time, place and manner of sale by posting
written notices thereof at three public places in said county, one of
wich shall be at the Court House door of said county, for three con-
secutive weeks prior to the day of sale, and it is hereby agreed that
the said Trustee, or his successor, may sell said property, together
or in lots or parcels, as to him shall seem epedient; and after said
sale as aforesaid, shall execute and deliver to the purchaser or
purchasers thereof, a good and sufficient deed or deeds in law to the
property so sold, in fee simple, with the usual warranties, and shall
receive the proceeds of said sae. 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 suds of
money due or to become due hereunder, with interest as agreed; and Third;
shall render the overplus, if any, unto the undersigned herein, or legal
representatives or assigns.
THE UNDERSIGNED FURTHER COVENANT with said Trustee that I at all
times, during the continuance of this trust, keep the buildings and
improvements now on, or hereafter to be erected on said premises, insured
against loss by fire and tornadeo, to the amount of 0,000.00 or to the
extent insurance can be obtained thereon, in companies acceptable to
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 be-
come delinquent, all taxes and assessments that may be levied or assessed
against said premises or any part thereof. .'end 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 amy be paid by the legal holder
&f said note, and sums so expended shall be a demand obligation ^nd become
part of the debt hereby sec red, and shall draw interest at the rate of
6% 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.
ITIS FURTHER AGREED that in the case of the death, resignation, re-
moval 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 suceed to all the estate,
rights, powers and trusts granted to the Trustee herein named.
It is epecially agreed that when, as and if any accelerated maturity
of any item secured by this instrument may be declared due under any term
of this or any other paper evidencing the degt or any part thereof, that
the maximum amount that can be collected for or on accou@t 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 is any passible
construction of any and all of the papers may seem to indicate any
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possibility of a different power given to the creditor or any authority
to ask for, demand or receive any larger rate of interest the parties
covenant that same is a mistake in calculation or wording to 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 - pyament of money secured, 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 advertise-
ment of sale, or time or place or manner of sale, or as to any other
preliminary act or thing, shall be taken in all courts of law or equity
as prima facie evidence that the facts so stated or recited are true.
Witness my hand this 28th day of January A. D. 1937.
L. A. Webb
THE STATE OF TEXAS E
COUNTY OF BRAZOS I BEFORE ME, Aline Brogdon, a Notary Public in and
for Brazos County, Texas, this day personally appeared L. A. Webb known
to me to be the person wh se name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same for the purposes
and considerat ion therein expressed.
Given under my hand and seal of orfice this 28th day of January A,D.
1937.
(SEAL) Mine Brogdon, Votary Public Brazos County,
Texas.
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E. J. Kyle et ux I RELEASE
Dated August 5, 1938
to I Recorded August 9, 1938 in
Volume 15, page 38 of
L. A. Webb 9 Release Records of Brazos County, Texas.
THE STATE OF TEXAS 1
COUNTY OF BRAZOS I KNOW ALL MEN BY THESE PRES -NTS: Whereas, on
the 28th day of Januaray A. D. 1937, L. A. Webb of the County of Brazos,
State of Texas, did execute, acknowledged and deliver to F. L. Henderson,
Trustee for the benfit of E. J. Kyle of the County of Brazos, State
of Texas a certain Deed of Trust on the following described real estate,
lying end being situated in the County of Brazos State of Texas, to -wit:
Being portions of Lots One (1) and Two (2), Block One (1) W. C.
B oyett's Subdivision of part of the J. E. Scott Survey, Brazos County,
Texas, and being the same property conveyed by E. J. Kyle et ux to L.
A. Webb by Deed dated January 28, 1937, and duly recorded in the Deed
Records of Brazos County, Texas. •
Said Deed of Trust being recorded in Volume 5, page 390, Deed of
Trust Records, Brazos Co. Texas and reference is here made to said deed
above referred to and said Deed of Trust for full description of said
land, lien and obligation, to secure the prompt payment of one certain
promissory 4ote, executed by the said L. A. Webb and payable to the
order of E. J. Kyle and Alice Myers Kyle, as follows: Dated January 28,
1937, in the sum of $10,000.00, payable on or before 10 years after date
to the order of E. J. Kyle and Alice Myers Kyle with interest at the
rate of six per cent per annum. •
Said note also being described in said Deed from us to the said
L. A. Webo and constituting a vendor's lien on said land, to secure the
purchase money in the sum of :10,000.00 thereof. "aid Deed being dated
January 28, 1937, and recorded in the Deed Records of Brazos County,
Texas, in Volume page and eeference is here made to same for
the recitals therein contained.
AND WHEREAS, said note with accrued interest thereon, has been
fully paid to E. J. Kyle and Alice Myers Kyle the legal end equitable
holders and owners of such note:
Now, therefore, know all men by these presents; That we E. J. Kyle
and Alice Myers Kyle of Brazos County, State of Texas, in consideration
of the premises, _ind of the full and final payment of said note, the
receipt of which is hereby acknowledged have this day and do by these
presents, Release, Discharge, end Quit claim unto the said L. A. WelA,
his heirs or assigns, all the right, title, interest and estate in and
to the property above desccibed,which we have or may be entitled to by
virtue of said Deed of Trust and Vendor's Lien and do hereby declare
the same fully released and discharged from any and all liens created
by virtue of said Deed of Trust and Vendor's Lien in said Deed above
mentioned.
Witness our hand, this 5th day of August, A.D. 1938.
E.J. Kyle
Alice Myers Kyle
1.Z
•
•
l I � JTAr OF , .A3
COUNTY o -3IAZ J,'_; [ ii 'o 1: , the undersii nod, a `ot -.ry 1ublic in
<::nf for said ;ounty z nd :.ate, on this day personally appeared _,. J.
Lyle known to me to be the person whose name is •subscribed to the
foregoing instrument, nndacknoh:led,,ed to rte that he executed the
si.:I!:e for the purposes and consideration - therein e__presseL.
=iv in under I:.y hand ;i;.nd seal of office tai.. the 8,.h day u f.
Aui• ust, A. 3). 19::)8. •
aline _irogu.on, Notary Public in
and for :;razor County, fexas
THE TATE 03' 1
COUNTY OF NiA7,08. 3.&011J I:. , the undersigned, a 17otary Public
in and •for said - County and :tate, • on this dr y personally appeared
Alice !:yers Kyle wife of J. Kyle, known to me to be the ? person whose
namo is subscribed to the foregoing instr'.uaeftt, •°nu having; been fully
ex mined y I,Ie rivily and. apart from her husband, and havin6 fully
explained to her she the at. id Alice 1. -yers Ny le, acknowledged such
instru...ent to be her act and dead, and she declared thE. t she had
willingly ui ;red the sane for the purposes and Consideration therein
expressed, and that she did not wish to retract it.
Given under my hand seal of office, this E. he 8th day of
August A. D. 1988.
(3; AL) Aline Brogdon, Notary Public in and for
BrLzos County, Texas
•
/3.
•
L. A. Webb # Mechanic's Lien,
Recorded August 8, 1938,
to # Dated August 4, 1938,
Mechanic's Lien hecords,
yam Murphy 4 Brazos County, Texas.
THE STATE OF TEXAS 1
COLTWTY OF BRAZOS 0 KNOW) ALL MEN BY THESE PRESENTS: That we, L..A.
Webb and Mrs. Willie Marks Webb husband and wife, of Brazos County, Texas,
parties oI the first part, and yam Murphy of Brazos County, Texas, party
of the second part, have this day entered into the following contract:
WHEREAS, the parties of the first part are desirous of building,
erecting and constructing certain improvements, to -wit:
An additional story to be added to the existing first story brick
building, now located on the hereinafter described premises;
To be built, erected and constructed by the party of the seoond part,
upon the following described tract, lot or parcel of land belonging to
said parties of the first part, to -wit:
All that certain lot or parcel of land lying and being situated in
the County of Brazos, State of Texas, and more particularly described as
fog lows:
Being that protion of Lots One (1) and Two (2) Block One (1), of
the W. C, Boyett's Subdivision of part of the J. h. Scott purvey, in said
State and County, the plat of said Subdivision being recorded in Volume
38, page 614, -deed Records of Brazos County, Texas, to which reference
is here made; said portion of said 1 is being further described, as
follows:
BEGINNING at the intersection of the Sulphur Springs hoad and Main
Street, being the east corner of Block One (1) according to said map;
follow the said Sulphur springs Road, a distance of 53.5 feet;
THENCE in a northwesterly direction a distance of 71 -2/3 feet;
THENCE in a northeasterly direction 53.5 feet to Main Street line of
said Block:
THENCE follow said lain Street in a southeasterly direction a distance
of 71 -2/3 feet to the place of beginning same being a lot facing 53.5 feet
on the Sulphur ''prangs road, and extending back between parallel lines
on Main Street a depth of 71 -2/3 feet and being more fully described in a
deed from E. J. Kyle and wife to L. A. Webb, dated January 28, 1937, and
recorded in Volume 93, page 42, of the Deed hecords of Brazos County, Tsxas,
to which deed and its record reference is hereby made in aid of description.
NOW, THEREFORE, in consideration that the part y of the second part
has agreed and does by these presents agree with the parties of the first
r•art, that party of t second part will make, eredt, build and finish in
a good, substantial and workmanlike ma.a_er, by the 15th day of September,
1938, the above said mentioned improvements on the above described premises,
performing or causin to be performed all of the labor in the erection and
construction of :ne same, and furnishing all of the material of whatsoever
kind necessaryto be used in the erection and construction of the same,
paying all expenses incident to the said labor and furfdashing of material;
•
the said improvements to be built of good, substantial material and to be
erected and constructed strictly a cording to the plans and specifications
signed by the parties hereto for identification and mdde a part hereof,
the parties of the first part hereby agree to pay to the party of the
second part, at 3ryan Texas, the sum of EIGHT THOUSAND AND NO /100 08000.00)
Dollars, as follows;
One note for $8000.00 of even date herewith, pa, *able to Sam Murphy,
or order, at Bryan, Texas, and ap;-able on or before the 15th day of Sept-
ember, 1938, and bearing five per cent interest from maturity, and all
past due interest to bear five per cent interest and said note provides
for tan per cent collection fee.
It is agreed that the amount payable on the above note is the costs
of the above construction plus the per cent thereon and in no event to
exceed $8000.00.
Said notes further providing for ten per cent additional, on the
amount of principal and interest then due, as attorne• ='s fees if placed
in the hands of an attorney for collection or if suit is brought on same,
and pro iding that failure to pa- either of said motes, or any installment
of interest when due, s. at the option of the holder of said notes,
or either of them, mature all of said noes not then already due.
It is express17 agreed and understood that to secure the payment
of said notes according to their face, tenor and effect, the party of
the second part retains and shall have a valid and existing mechanic's,
materialman's, laborer's and contractor's lien, equities, securities add
interest in and to the above described real estate and the improvements
ow upon, and to be placed upon said land, and it is agreed and understood
that said notes may be assigned, and the assignee or purchaser shall have
and be subrogated to all the rights and equities of the party of the
second part, to have and to hold the same, together with all the rights
and apprutenances to the same belonging or in anywise incident or apprert-
ainidg.
It is also further agreed and stipulated that the parties of the
first part shall, at their own cost and expense, keep he property and
premises herein described, and upon which a lien is hereby created, in
good repait and condition, and to pay all taxes due and to become due
thereon, before the same shall become deligquent, and shall keep the
buildings, if any, aid improvements that are insurable, insured in a sum
of at least 88000.00 in some fire insurance company ap roved by the party
of the second partor other holder of said notes, to whom the loss, if
any,, shall be payable, as his inerest may appear; and by what the policy
or policies shall be kept. And in case of default made by the parties
of the first part in the performance of any of the foregoing stipulations,
the same may be performed by the party of the second part, or other holder
of said notes, and the parties of the first part agree to repay to the
payor thereof, all moony thus expendedby payor, with interest at the rate
of ten per cent per annum from the date when the same was expended, and
all sums thus expended shall stand secured by this contract in like manner
with the above notes.
Said parties of the first part hereby waive, in favor of the said
indebtedness, all homestead exemptions and allowances, and all allowances
in lieu of homestead, or for exempt articles, or for support, and all
commissions which may accrue to either of them in any probate proceedigg,
if any, in which the said premises may be involved.
Witness our hand at Br Texas, this 4th day of August, 1938.
L. A. Webb
Willie Marks Webb
x¢7.80 Note Stamp affixed and Parties of the first part
AS duly cancelled. Sam Murphy, Party of the second part
• c
� I
• THE STATE OF TEXAS
COUNTY OF BRAZOS BEFORE IE, the undersigned, a Notary Public in and
for said County and State, on this day personally appeared L. A. Webb
and Mrs. Willie Marks Webb his wife, both known to me to be the persons
whose names aresubscribed to the foregoing instrument, and acknowledged
to me that they each executed the same for the purposes and consideration
therein expressed, and the said Mrs. Willie Marks Webb, wife of the said
L. A. Webb having been examined by me privily and apart from her husband,
and having the same fully explained to her, she, the said Mrs. Willie
Marks Webb acknowledged such instrument to be her act and deed, and she
declared that she h ad 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 5 day of August,
A. D. 1938.
H. E. Burgess, Notary Public in and for
Brazos County, Texas.
(SEAL)
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 Sam Nurphy
known to me to be the person whose name is subsdribed to the foregoing
instrument, and acknowledged to me that he executed the same for the
purposes and cousideration therein expressed.
Given under my hand and seal of office, this the 5th day of August,
A. D. 1938.
H. E. Burgess, Notary Public in and for
Brazos County, Texas.
•
/C
Sam Murphy, et a1 ) Transfer,
Dated October 5, 1938,
To ) Filed October 6, 1938,
Recorded in Vol.97, page 216,
Sea)oard Life Insurance Company; Deeq Records, Brazos County,Texas.
TIE STATE OF TEXAS
COUNTY OF BRAZOS KNOVi ALL MEN BY THESE PRESZTOS:
WHEREAS, on the 4th day of August, A. D. 1938,
L. A. ',Jebb and wife Mrs. 'Millie Marks Webb, did execute one certain
note, described as follows:
One note for S8000.00, dated = +ugust 4, 1938, and payable
to Sam Murphy, or ordor, at Bryan, Texas, and payable on or before
September 15, 1938, and bearing five per Dent interest from maturity,
and the interest is payable annually and all past due interest bearing
six per cent interest and said note provides for ten per cent collection
fee.
And which said note is set out and described in a
certain mechanic's lien executed by L. A. Webb and wife Mrs. Willie
Marks aebb to Sam Murphy, and recorded in Volume H, page 481,
of the records of mechanic's liens of Brazos jounty, Texas, and
secured by a mechanic's lien therein expressed, on the following
described lot, or parcel of land, situated in the County of Brazos,
Jtate of Texas, to -wit:
Being a part of Lots ::os. 1 and 2, of Block 1,
of W. C. Boyett's Subdivision of part of the
J. R. Scott Survey, Brazos County, Texas, and
being a lot facing 53.5 feet on the Sulphur
Springs road, and extending back between
parallel lines on Main Street a depth of 71 -2/3
feet.
said mechanic's lien note and lien securing
same is hereby referred to for more full des-
cription of said land.
NOW, TI UiFOR1 , I1IOW ALL gEN BY TH .SE PR 18S[ITS: That
I, Sam Murphy, the payee and owner and holder of said note, for
and in consideration of the sum of EIGHT THOUSAND AND NO /100
(08000.00) DOLLARS, to me in hand paid by Seaboard Life Insurance
Company, the receipt of which is hereby acknowledged, have sold,
transfe• red and conveyed, and do hereby sell, transfer and convey,
unto the said Seaboard Life : . nsurance Conrany, of the County of
Harris, Texas, the 08000.00 being the above described note and said
lien and all liens and titles held by me in and to said land.
i 7
•
TO HAVE AND TO HOLD the same unto the said :seaboard
Life Insurance Company, its successors and assigns forever.
This transfer is made without recourse on me.
L. A. Webb and wife Mrs. ;Jillie Marks Webb, who executed
the mechanic's and materialman's lien contract securing the
and S. A. Lipscomb
above described note /Join in this transfer with Sam Murphy
and we expressly warrant and represent that the mechanic's lien
contract was executed, acknowledged and delivered before any
labor or material had been furnished for construction of said
improvements. That said Mrs. Willie Marks Webb actually appeared
before a Notary Public and acknowledged execution of such a
contract as evidenced by the certificate. That said improvements
were completed by the contractor in full accordance with the
provisions of the contract and accepted by us as satisfactory in
all things. That there remains unpaid on said indebtedness
the sum of 08,000.00, and that these representations are made by
us to the Seaboard Life .insurance Company as an inducement for it
to purchase said lien and to renew and extend said note.
4ITNi S 3 OUR hands this the 5th day of October, 1936.
Willie Marks ':ebb
S. A. Lipscomb
Sam Murphy
THE STATE OF TEXAS
COUNTY OF BittLLOS
B. +'O tE ME, the undersig n s a tl a V -n this day
persona: ay appeared Jam iurphy/ known Ali me to Tie fi the personswhose
name are subscribed to the above and foregoing instrument and
acknowledged to one that theyexecuted the same for the purposes
and consideration Herein expressed.
Given under niy hand and seal of office this the Gish
day of October, 1938.
(:isAL)
b';. S. l;arron
Notary Public, Brazos County,
Texa s.
•
•
THE T TE OF TE AJ:i
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day
personally appeared L. A. •Vebb, 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 6
day of October, 1938.
(SEAL)
J. A. Bachman
Notary Public, Dallas County,
Texas.
THE JTaTE OF T .0 J
COUTY OF Df►LLAS
BEFORE ME, the undersigned authority, on this day
personally appeared Mrs. '> Mlle Marks '.Vebb, wife of L. A. aebb,
known to me to be the person whose name is subscribed to the
foregoing instrument, and having been examined b;r me privily
and a - from her husband, and having the same fully exp1lined to
her, she, the said Mrs. Willie Marks '.'ebb acknowledged such
instrument to be her act and deed, and she declared that she
had willingly signed the same for the purposes and consideration
therein expressed, and that she did not wish to retract it.
Given under my hand and seal of office this the n
day of October, 1938.
(.AL) J. A. Bachman
Notary Public, i)allas County,
Texas.
io
•
•
L. A. Webb, et ux, ) Deed of trust,
) Dated October 5, 1938,
To Filed October 6, 1938,
) Recorded in Vol. 8, page 254,
Burke Baker, Trustee, For Deed of Trust Records of
Seaboard Life Insurance Co. ) Brazos County, Texas.
THE STATE OF TEXAS,.
COUNTY )F BRAVOS KNOW ALL MEN BY rHASE PRESENTS: 1
That we, L. A. Webb and wife Mrs. Willie Marks Webb and S. A.
Lipscomb •
of the County of Brazos , (hereinafter, whether one or
more, designated as :ortgagor, and whether corporate or individual,
singular or plural, referred to by use of singular forms of masculine
pronouns, for and in consideration of the sum of Ten Dollars (w10.00) 1
in hand paid, the receipt of which is hereby acknowledged, and
for the furt•Ler consideration of the uses, purposes and trusts here-
inafter set forth and declared, have granted, bargained, sold, and •
conveyed, and by these presents do grant, bargain, sell and convey
unto 31•IR5_±i BAKER, Trustee, of the County of Barris, State of 'Texas,
and to his successor or substitute in trust hereinafter set forth,
all the following described real estate situated in the County of
Brazos in the State of Texas, to -wit:
Being a part of Lots Nos. One (1) and Two (2),
of Block No. One (1), of W. C. Boyett's Sub-
division of part of the J. E. Scott Survey,
Brazos County, Texas, and being a lot facing
53.5 feet on the Sulphur Springs road, and extending
back between parallel lines on Main Street a
depth of 71 -2/3 feet. •
together with all and singular the impurvexaents, tenements, here-
ditaments and appurtenances in anywise apnertairinf: Frd belonging
thereto, including all heating, plumbin;, refrigeration and lighting
fixtures and / or equipment now or hereafter attached thereto or
used in connection therewith.
TO HAVE AND TO HOLD the above granted premises, tenements,
hereditaments, appurtenances, rights and privileges, unto the said
above named ,rustee and hiu successor or substitute 20REVZR. .nu
I "ortgagor does hereby covenant with the above named TrusGee and
his successor or substitute that i.ortgagor is lawfully seized in
fee of the above conveyed premises and property; that they are free
of and from. all encumbrances, and that ;:ortgagor will WARRANT XTD
FOREVL'H' D E I D the title to the same unto the said Trustee and his
successor or substitute, and to the assigns of any 1'rus here-
under against the lawful claims and demands of All persons whomso-
ever; and that any after acquired title of P.ortga ;or, his heirs,
successors or assings, to said pre.ises or property or any part
thereof, ::hall inure to the above named Trustee, his successor or
substitute and Lo tie benefit of this trust,
•
his conveyance, ho'.ever, is intended as a deed of trust and
is made and executed 'to see tru the pLyment of the hereinafter
described indebtedness according to its terms, tenor and effect,
the said L. A. Webb and wife Willie Marks Webb and S. A.
Lipscomb
being indebted to seaboard Life lnsurancd ';oiapany, whose domicile
and nostoffice address is .iouston in iiarris , ;ounty, Texas, as
evidenced by ..he hereinafter described note in the principal
sum of
NINE THOUSAND AND PTO /100 Dollars (; 9000.00 )
which said note , issued and e:.ecuteu by the said L.A.Webb
and wife Willie Marks Webb and S. A. Lipscomb
is / are in :ores and figures substantially as follows: •
•
•
•
n, n n
$9000.00 tlrynn, Texas, Ootober 6,1938
For value reoeived, the undersigned pr nsirie to pay to the
order of ueaboerd Cite _ns►uranos t:otsq►any at its office in Houston,
Harris County, Texas, the aura of ifff3 Tlin :L
; Ul) AND MJ/100 09000.00)
DOLLJJtn, together with interest thereon from data entil meturity
at the rtto of five per oent (8;S) per annum, peynble monthly, end
with interest it th : rate of ton per oent (10.) per annum on all
sumo past due (principal, interest or nttorney'e or collection
fees] from maturity thereof until raid.
nrinoipal and rotor. of this note shall be paid in
nuocesaive monthly installments of na Ii'1'd))t) .lied. lniS Ann
84/100 (4189.84) indninifl i, meth, the first such in tnllment tteonning
due and payable on the 10th dpy of dovemben, 1980, and a like
installment of 4169.034, boocnttng due and jsaynble on the 10th day
of etch end every calendar month thorotifter scull payment of
thin note in full. tiny payment nade hereon eft any time shall be applied
first on a000unt of Interest, if any, aoomed to the date of such
payment, and the batlanee, if any, shall be a =ttpli- d no n credit
against and in reduction of _principal; and the Meeker hereof shall
have the privile3 ;e to prepay at eery installment racsturity d here -
after any sum on the principal of this note, nrovided that he pay
in addition to ouoh amount of principal and interest thereon
accrued to the date of such payment a premium or further amount,
equivalent to one and ono -half per cent (1A of the w o mt of
principal so prepaid in advrtnoo of its maturity, but such
prepayment shall not relieve the na.tl ems hereof of the obligation
thereafter to make regular monthly payments of .A1.69.84 each ne
hereinbefore estipulated.
If default be made in the payment of atny awn or sums due
hereon, the holder hereof in empowered thereafter and during the
continuance of suoh default to eloot to rn►tture the whole amount of
the principal of this note, and the name Shell thereupon become and
be nature and payable without fn Cher notice. :4.nd if any petition
in bankruptcy be filed by or against the maker hereof or if it
become aeecesassmry to collect thin note through any judicial
prooeeding, or if by reason of default it zariturity this note be
tslaioed in the hands of an attorney for coliesation, the undersigned
promise to pqy to the legal holder hereof nn +additional nnount of
ten per cent (10A) of the nrincipal and aoerued interest as
ritt,orney' a or colleotinn fee.
This note is executed in renewal and extension, but not
in oxtinguiahrwnt, of that oertnin neohnnic'e lien note, tinted
.,ugguat 4, 1933 exeoutod by the nnkers hereof in favor of n
Murphy, and thi m.
s: day trtne3forred and annigned by said Trot Unrphy
to .,eerabo€ard Life insurance eo3npany, and payment of this note in
accordance with its residing, tenor and effect is necuad aot:ordingly
by the rieohanio's lien upon and ngainst part of note Nos. 1 and 2
of Block iio. 1 of 4t. C. I3oyett'se nubdivieion of Brawn . ;ounty, Texas,
which w e reserved nni r=etained by and in that certain instrument
aforesaid from L. A. vrebb and vi re to :lam liurphy, d ted £+ugunt 4,
15330, filed for r000rd with the nolinty Clerk of Brazos County, Texas,
on ,,uguot , 15338, fully donoribing the eohstnio'ss lien note afore-
said which the note renews and extends.
AS further and cumulative ssoourity of payment of this note,
the makers hereof have this day exeoutod and delivered n deed of
trust of even ante covering said Lots Noe. 1 and R'> of l3look 1 of
sl. 0. Joyott'a Oubdivision, flra,oe county, Texas, to Burke linker,
Tru. tes.
2 Z.
•
•
1 orbgai or does hereby agree cud bind himself, his heirs,
•successurs and assigns, that he end shay l ill so long as - the
above described note • and /or any other indeb ,,auneds
secured hereby shall remain unpaid, maintain in a good state
of repair all improvements no or hereafter on said property
and will maintain on such improvements insurance (in the full
sure obtainable and by insurance companies acceptable to the holder
of said indebtedness) against destruction or damage by fire or
tornado, the policies or contracts of insurance to provide for
payment of loss, if any, to the holder of the indebtedness secured
hereby as its or his interest nay ap,)ear, and to be placed in the
cubtody of the holder of said indebtedness; and that he and they •
will pay before the same shall be in default, all taxes, levies
or assessments lawfully laid or made against or in respectof said
property and / or improvements -hereon. •she holder of the indebt-
edness secured hereby may but shall not be under obligation to)
make such repairs, procure such insurances or pay such taxes,
levies, or assessments if not promptly made or paid by i. :ortgagor,
his heirs, successors or assigns as above stipulated; and amounts
so expended or incurred by the holderof said indebtedness,
i[ortgagor hereby agrees and binds himself, his heirs, successors
and assigns, to repay on demand with ten per cent (10%) interest
from date the same are incurred, such repayment to be secured by
lien against said property as herein provided and enforcible by
`T'rustee's sale hereunder: provided, however, that in the case of
any taxes, levies or assessments against or in respect of said
property which may be paid by the holder of the indebtedness se-
cured hereby, such holder shall be subrogated to the liens inuring
to the taxing authority or authorities in respect of and to secure •
payr.ent of such taxes, levies or assessments, which liens, it is
now expressly stipulated may enforced by sale by the Trustee
in accordance ith the provisions hereof.
In case of default by the mortgagor, his heirs, successors
or assigns in respect of any covenant or obligation hereunder to
be performed by ibrgagor, his heirs, successors or assigns, the •
holder of the note or indeutedness secured, may at its or
his election at any ti;.e -hereafter and during - the continuance
of such default, declare the entire amount of said note and
or/ indebtedness immediately due and payable.
it is further agreed that in t Tie event of default in respect
of any covenant or obligation hereunder to be •_'erformed :orbgagor
his heirs, auceessors or assinp;s,the •Trusted hereunder acting may
and is hereby e „pressly authorised and empowered to enter into
and upon said property, and(with or withuut such entry) toderaand,
• - receive and receipt for all rents or other revenues therefrom--- -
O;ereL.fter or theretofore accruin -• -ana ap iy so much thereof
as ho may collect prior to irate of any foreclosure s ale of s aid
property less the reasonable cost of collecting „he saris, as
a credit upon the indebtedness secured hereby.
In event of default in the discharge of any liabiltiy accruing
against tire', :ortga;or, his successors or assigns, in respect of
all or any part of the indebtedness secured hereby, u_w Trustee
hereinabove named, his successors or substitute at the tine actin,
shall at the re. tof the holder of said indebtedness, advertise
for sale and sell the above described premises and property as
f ollows, to -wit: the sal; shall be at public aucuion to the
bidder for cash at the courthouse door of Brazos county,
Texas, on the first Tuesday in any month between the hours of
ten o'clock >.it. and four o'clock P.1., and notice of said sale
2.3.
•
shall be : iv :n by posting written or ;printed notices thereof at
three public places in said County, one of whihh shall be at the
courthouse door and no two of ti:hieh shall be in teh sa:_.e town or
city; said notices may be posted by any person at the request of
the irustee acting. the property may be offered and sold as a
whole or in two or .-ore parcels as the Trustee may elect. �o
the purchaser or ;purchasers at such sale, the Trustee acting
shall exec.,te and deliver in due form for record, deed or deeds
conveying the prope-ty solo, with covenants of warranty of title •
binding upon said Mortgagor, his heirs, successors and assigns.
And such de:d or deeds shall convey to and vest in the purc_asers
and grantees therein named full title to the property therein
desctibed, with like effect as if conveyed by the LorAgagor, his
heirs, successors or assigns. All recitals in any deed exec ed
by said Trustee acting hereunder, relating to any fact, act or
occurrence relevant or material to the validity of the sale and
conveyance by such Trustee, shall be prima facie proof in any
proceeding in any tribunal of the due performance, existence or
occurrence of such -act, fact or circumstance as so recited; and
from the execution and delivery of any such deed it shall be
presumed that all prerequisites to a valid sale by the 'Trustee •
•
executing the same o-.;curred and were done and performed.
The proceeds of the sale so made shall be applied by the
Trustee acting (1) to the payment of costs and. expenses of ad-
vertising and making the sale, including a commission of wive per
cent. (b) pf the amount for which the property was sold, as
com;ensation to the 'Trustee for his services, and (u) to the pay-
ment and discharge of unpaid indebtedness; snd liabilty of said
Mortgagor, his heirs, successors and assigns,secured hereby, and
(5) the balance, if any, shall be paid to the said i•_ortgagor, his
heirs, successors or assigns.
The owner or holder of any indebtedness secured, hereby,
being the highest bidder at any TrusteeIs sale hereunder, may
become the purchaser of said premises and property or any part
thereof, whether or not the Trustee making the sale be an officer,
agent, employee, or attorney for such purchaser.
It is expressly stipulated .hat if tree IJ.ortgagor, his heirs,
successors or a..signs, shall remain in possession of said premises
or property or any part thereof after any Trustee's sale hereunder,
they s=alt be deemed to be tenants at will of the purchaser of
said property at such sale, who shall be entitled to recover possession
of such property by forcible entry and detainer action or suit
as in 'Ole case of such tenants; provided however, that the provisions
of this paragraph are cumulative of any other right or remedy o
such purchaser may have, and shall not impair or in any manner
affect the right of such purchaser to pursue any other remedy to
which may be entitled in law or in equity.
If the .rustee hereinabove named, or any succesor or substitute
hereafter appointed hereunder, shall die, resign or for any reason
be unable or uxi ;illinly to act as ruste ,J, or shall fail or refdse
(r-hen re__ue .-,ted) to exercise any rowers herein conferred to or to
discharge any duties herein imposed, the holder of the indebtedness
hereby secured (or the President or any 'Dice - President of such
holder, if a corporati.:n) may in writing appoint u substitute or
.successor 'rutee who sh all hay, the same powers and perform
. the same duties as herein granted to 6.116. ii.posed upon the said
Trustee hereinabove named, and receive the same compensation herein
provided for saidauove named Trustee; if being expressly agreed
and stipulated t .at is su:: i -po_nt::ent bd ad..3 after n ices pf
N •�L,v: see:. ;'o..ted, ;::e substitute
_rustee's s_ le :.cre ;nc.,r shall
or 5w:se sor trustee so a:;tointed r.inyv _ tnot ice
advertising, proceed to sell sai - ie :s 4
pursu :nt of Ale r�otic .:.
posted b I 'is .predecessor 'r.istee (or
predecessor subst.ituue or succe :.or�.'ausuee) with i 1 e as
if said notices hue been po,ted by
Trustee making the sale, or as i2 said saki held been Wade by the
predecessor Trustee, substitute or successor2r stee \ tOc p h'suetee
the notices. .111 terms hereof a in any olaytappplyin respect of• any
herein need shall be equally l
• substitute or successor Trustee at nay time actin;_; hereunder.
The right of foreclosure by sale. by a trustee hereunder is
cumulative of all other the
competent
he hdjurisdiction
the ei indebt ed ness
• secured hereby may resort to any court
for any action necessary or proper for enforecement of collection
of such indebtedness or any part thereof or enforcement of any
liens•existing against said premises and property. In event
any enforce or ce a ny right, i lien, 7 probate or hereunder accruing to the
or enr� :y g,
holder of the indebtedness secured hereby,•such holder shall be
entitled to recover attorneys' or collection fees in the sum of
ten per cent (iO %) of the amount of principal and interest due on
the indebtedness.
_ other security now existing or hereafter taken for the
payment of the indebtedness hereby secured or any part thereof
shall in any manner affect or be affected by this instrument or
the securities and remedies hereby provided; all such securities
being expressly aggreed to be cumulative.
Said Mortgagor further agrees and binds himself, his heirs,
successors and assigns to pay any and all taxes which may be at
any time assessed against or in respect of the L se --
hereby, or this instrument or any liens, rights
insofar as legal for them to do so, but only insofar as said tax
plus the interest on said indebtedness shall not exceed the auount
• of interest limited by laws against usury, any excess to be paid
by the party or the parties otherwise liable therefor; and the
Trustee or legal holder or holders of said indebtefessn taxes any here -
part thereof may at their option pay the portion
in stipulated to be paid by said ::origagor, his heirs, successors
or assigns, in which event the amount so paid shall become and be
as much a part of the indebtedness secured by the l and remedies
of this instrument as though originally fully
I'otwithstanding anything herein elsewhere written, and as a
consideration and inducement for s the
ereextension t c f or a
the above described note
• for himself, his heirs, successors and assigns, does hereby waive
! the benefit at any and all tines) of any any. all _.rovisions of
any dept- payment moratorium sylaw rlheretofore or hereafter
decree
made effective and of any regulation,
heretofore or hereafter enacted, issued, entered or promulgated
by any legislative, e,.ecutive or administrative authority whatsoever,
whereby any stay, delay or post_ionement of collection of any part
or all of the in pay Y �entsthereoedmight b be a � rantee or aue lable
toy lien ai ubl p r r his heirs successoru and assigns; .
to or obtainable by said ort�,aoor, �
ann does also for the condiseration aforesaid, heresy promise,
a ree, war ant and bind himself, his heirs, successors and assigns
not to make any application nor to peruit any application to be
made or forlhistorethei e heirs k or l assigns for any l stay or e
delay of
half or
collection of suia indebtec.r.ess t r.d / or enforcement of said
lien, under or pursuant to any such law, regulation, order, ordinance
or decree heretofore or hereafter enacted, issued, entered or
promulgated by any legislf - tive, or executive or administrative
authority whatsoever.
Notwithstanding anything herein elsewhere written, and as a
consideration ana inducement for the extension cu credit upon
the indebtedness hereby see red, the said iortgagor, for himself,
his heirs, successors and assigns, does hereby waive the benefit
(at any and all times)of any law, regulation, order, ordincance
or decree now existing or wirieir may-be hereafter enacted, issued,
• entered or promulgated by any legislative or executive or administra-
tive authority whatsoever whereby any equity of redemption of the
real property herein described, after any forecl•.isure hereunder
(whether by sale :.)y 'Trustee or otherwise) may be &ranted or made
available to or obtainable by said I•ortgagor, his heirs, successors
and assigns; and without limiting the e;'fect of the fore;go_ng,
Mortgagor further agrees and Ands himself, his heirs, successors
and assigns, upon request of the holder of the indebtedness secured
hereby, to Wake, execute, acknowledge and deliver any and all
written instruments necessary or proper to release and transfer unto
the noniraee of the holder of such indebtedness any and every such
equity of reder.intion or rights in the nature of an eiuicy of re-
-
• demption at the time vested in or available to or obtainable by
said Mortgagor, his heirs, suoessors, or as,,igns.
zrpon final satisfaction of the note hereinabove described
• and all other indebtedness secured hereby, the liens hereby re-
served and created shall be released by the holder of said note
and indebtedness at the expense o: said Mortgagor, his heirs,
successors and assigns.
Words herein used in the singular shall be construed to in-
elude tire. plural and vice versa, as may be appropriate to the
context; and pronouns of vhatsoever bender herein used shall be
deemed to include and designate the masculine, feminine or neuter • .
gender as may be appropriate to the context.
IIZ i/ ITIIryi:3 it O] , these presents are executed by the said
Mortgagor, this 5th , day of October , 1938
L. A. Webb
';Villie Marks Webb
S. A. Lipscomb
•
TH E STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE LIE, the undersigned authority, on this da^ personally
appeare S. A. Lipscomb, known to :e to be the person whose name is
subscribed to the foro;oing ins:ru*aent and a ck:nov.:1oa,1,ed to no that
he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office, this 6th day of
October, 1938.
( SEAL )
W. S. Barron,
Notary Public in and for Brazos County,
T o x a s.
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally
appeared L. A. Webb and wife Mrs. Willie Marks Webb both known
to me to be the persons whose names are subscribed to the foregoing
instrument and acknowledged to me that they each executed the same
for the purposes and consideration therein expressed, and that the said
Mrs. Willie Marks Webb wife of the said L. A. Webb having been examined
by me privily and apart from her husband and having the same by me
fully explained to her, she, the said Mrs. Willie Marks Webb
ackno:ledged such instrument to be her act and deed, and declared
that she had willingly signed the same for the purposes and consider-
ation therein expressed, and that she did not wish to retract it.
Given under my hand and seal of office, this 6th day of October,
1938.
(SEAL)
J. A. WOBNANJ,
Notary Public in and for Dallas County,
T e x a s ,
a7
TAX CERTIFICATE
STATE OF TEXAS •
County of Brazos Bryan, Texas, October 17 193 8
I, Guy Harris, 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 37 , VOnc x9c]c9c
Amount Delinquent $ Current $ Total $
Lot or Block Addition
Abet. 1 su
2 or Scree 1 or rvey W• C. Boyett
1.t
Rendered in the name of Rev. L. A. Webb
for the year 193.
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 Ab-
stract and Title Company who wishes to check them.
Guy Harris
Tax Assessor- Collector
Brasov Cou ty, Texas
�9 .
•
C- E- R- T- I- F- I- C -A -T -E
THE STATE OF TEXAS
COUNTY OF BRAZOS
WE HEREBY CERTIFY That the above and foregoing
supplemental abstract of title contains true and correct
copies of each and every instrument filed and recorded in
the offices of the Clerk of the District Court and the
County Clerk of Brazos County, Texas, affecting title to the
property described on the caption hereof, since 5:00 P. M. on
the 20th day of February A. D. 1935.
We further certify that the herein abstracted
property lies wholly within Brazos County, Texas, and that
this supplemental abstract of title contains twenty nine (29) pages.
We do not certify as to taxes but show at page
28 hereof, tax certificate from the Tax Assessor- Collector of
Brazos County, Texas.
WITNESS OUR HAND ACID CORPORATE SEAL At Bryan,
Texas, this the 17th day of October, A. D. 1938, at 5:00 P. M.
BRAZOS COUNTY ABSTRACT COMPANY, INC.,
BY: i v
President
.2 9
