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image19962State of TEXAS County of WALKER Date: June 26, 2014 Note: R:umio; WALKER CQJN 'Y TITLE COMPANY 1109 UNIVERSITY AVENUE PARTIAL RELEASE OF LIE NUNIjSVIL1.E, TE 77340 ttiso tbcht k;: V Date: June 19, 2012 Original Principal Amount: $594,033.20 Maker /Borrower: City of Huntsville, a political subdivision of the State of Texas Payee /Lender: Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas Holder of Note and Lien: Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas Holder's Mailing Address (including county): PO Box 13941 Austin, Travis County, Texas 78711 -3941 Note and Lien are described in the Following Documents: Interim Construction Deed of Trust (With Security Agreement and Assignment of Rents) dated June 19, 2012, executed by City of Huntsville, a political subdivision of the State of Texas to Timothy K. Irvine, Trustee, securing the payment of one note of even date therewith in the principal sum of $594,033.20, payable to Texas Department of Housing and Community Affairs, filed for record with the County Clerk of Walker County, Texas on June 27, 2012, in/under Document No. 00004670 and in Volume 1029, Page 142 of the Official Public Records, Walker County, Texas; Modification, Renewal and Extension Agreement dated December 13, 2012 executed by and between City of Huntsville, a political subdivision of the State of Texas and Texas Department of Housing and Community Affairs, filed for record with the County Clerk of Walker County, Texas on December 17, 2012 in/under Document No. 00009693 and in Volume 1052, Page 872 of the Official Public Records, Walker County, Texas; Property (including any improvements) To Be Released from Lien ( "Property "): PARTIAL RELEASE TRACT 5: BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT FIVE (5), VANN- JOHNSON SUBDIVISION, A SUBDIVISION IN CITY OF HUNTSVILLE, TXPARTIALRELOFLIENI Page 1 aft ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Property Address: 117 Avenue D, Huntsville, Texas 77320 For value received, Holder of the Note and Lien hereby RELEASES only the Property from the Lien and from all other liens (including without limitation any vendor's lien) held by Holder of Note and Lien. When the context requires, singular nouns and pronouns include the plural. Executed to be effective June 26, 2014 in Travis County, Texas. Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas BY: Name: VIA ►?.4 A 4/67 L D GC-0 &i9t `j Its: Duly Authorized Representative rfbv %Ma THE STATE OF TEXAS COUNTY OF TRAVIS This instrument r Y was �ck Lwle, dge ;before me • t unity Affairs, a public and official agency of the State of Texas, on by and n For the Texas epartment of Housing and Co behalf of said Agency. (Corporate or Other Entity Acknowledgement) on the 20` day of JU h , Duly Authorized Representative , 2014, ?....... o:P,, CONNIE NUNLEY 1 Notary Public, State of Texas '. � * Notary Wkhout Bond 4,. My Commission Expires � . °FI,,, ` ,,, AUGUST 12, 2014 My Notary Public, State of eo 7 XJ1.S Notary's Name (printed) ri d ��. �(�,' /4 AFTER RECORDING RETURN TO: City of Huntsville 1212 Avenue M Huntsville, Texas 77340 TXPARTIALRELOPLIEN I Page 2 of 2 METES AND BOUNDS DESCRIPTION of Lot 5 of Vann- Johnson Subdivision, Huntsville, Texas Tieing a 0.196. of as acre (8,559 square feet) tract of land located In the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 5 of the Vann - Johnson Subdivision,, as recorded in Volume 5, Page '81 of the Plat Records of Walker Cotinty, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.196 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 -inch iron rod with cap In the westerly line of that certain called 50' Road as recorded in Volume 85, Page. 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the northeasterly corner of Lot 4 of said Vann- Johnson Subdivision, serve being the southeasterly corner of said Lot 5, and being in the easterly line of said 1,17 acre tract; THENCE, South 87°24'13" West, a distance of 150.16 feet, along the northerly line of said Lot 4, being the southerly line of said Lot 5 to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.62 acre tract of land conveyed to Abe Johnson by deed and recorded in Volume 96, Page 192 of said Deed Records, being the northwesterly caner Of said Lot 4, same being the southwesterly comer amid Lot 5, and being in the westerly line of said 1.17 acre tract; THENCE, North 02 °35'47" West, n distance of 57,00 feet, along the easterly line of said 0.62 acre tract, being the westerly line of said Lot 5 and said 1.17 acre tract to a found 5 /8-inch iron rod with cap at the southwesterly corner of Lot 6 of Said Vann - Johnson SttbdiviS{ion, being the northwesterly corner of said Lot 5, THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 6, being the northerly line of said Lot 5 to a found 5/8 -inch iron roc! with cap in the westerly line of said 50', Road, being the southeasterly corner of said Lot 6, same being the northeasterly corner of said Lot 5, and being in the easterly line of said 1.17 acre tract; T:1-ILNC1!,, South 02 °35'47" East, a distance of 57.00 feet, along the westerly lino of Said 50' Road, being the easterly litre of said Lot 5 and said 1.17 acre tract to the Point of Beginning and containing 0.196 of an acre eland. Horizontal Control is based on holding City of Htuttsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East 3,802,009.473), and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,80}„780.255). Bearings described are related to the Texas Coordinate System of.1983, Central Zone. Distances shown. are US Survey Feet In "Field Horizontal" twits and may be converted to "GRID" units by multiplying by a combined $cane factor of 0,99988. Plat of even date accompanies this description. Prepnrecl byr GeoSoltltions, LLC 25814 Budde Road Sp ring, Texas Tel. 281 -681 -9766. Jolt No, 11-249.027 LEGEND FOUND MONUMENrnoN 87 _P--- (TYPE NOTED) METER BOX POWER LINES — //— FENCE /7/ EDGE OF ASPHALT CALLED 0. A2 ACRB'S A1313 JOHNSON VOL •6, ?dGE 192 A.R8'0..T. ro D,R.W.C,T. 0.P.R.W.C,T. P.R.W.C.T, CLEAN OUT POWER POLE DEED RECORDS WALKER COUNTY. TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY, TEXAS PLAT RECORDS WALKER COUNTY, TEXAS VALE!) ,/OI?NSON f S VOL 977, Pa .1.20 0. p. Jd E C.T. FND.5 /8 "f.R. W /CAP LOT I.1NE y� tat r'r, 0 15 30 SCALE: 1" = 30' P 1 8 1 LOT I� W+ 1� L" '— —lo.B,L. PER PLAT N87 24'13 "E 150.16' 3'X.3' 10' 0.L. PER PLAT E-.85 -6.1 ‘ LOT 5 f —STORY b; 0.196 ACRES STOR. 4" 94 i (8,559 SQ. FT) r ' BUILDING „ 49.9', , C I ----- FND 5j "(-R. fo s:i• .RTf.PI W /CAP LOT LINE 9 ELI r ,p9SEW .,LEtrCE N • IQ Is 2 !' (JDNC. 60 °-P ALLEY) 50' ROM PT, RESIDUE C 5 8805, /J C.V. AOIC s TRACT No 9) VOL. 5, PAGE 161 .w.r,.T.. NO. 5/8 "1, dr ND. S87'24'13 »' W _ _7 60.1 t3' -. -v of VICE '�DLe r Y tD' B.L PER PLAT LOT 4 I� of VANN- JOHNSON r1 • SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. SURVEYORS CERTIFICATE I hereby oectlfy to The Cliy of Huntsville that thls survey wos mode on the ground and completed on November 9, 2012 that this drawing correctly represents the facts found at the time of survey and that this professional service substantially conforms to the current Texas Soolety of Professional Surveyors Standards and Specifications for o Category 13, Condition II Survey. Stephan M. Chnrszczok R.P.LS. No. 5937 NOTES / /l / 2e 1. Thie survey woe performed without the benefit of o 11tIe Commitment. 2. Horizontal Control Is based on holding City of Huntsville Monuments No. 7574 (grid 000rdlnote of North = 10,262.485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262;526.24 & East= 3.801.780.255), Bearings described are reloted to the Texas Coordinate System of 1983, Central Zone, Distances shown ore US Survey Feet In 'field Harizootul" units and may be converted to 'ORID" unite by multiplying by o combined seals footor of 0.09986. 3, Square footage totols shown hereon are boxed on mathematical closures and do not necessarily represent the positional acourocy of the boundary monumentatlon, /CAP w /CAP ASBUILT SURVEY OF LOT 5 OF VANN - JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS SOIutions,LLC 25814 6udde Rood Spring, Texas 77,380 Phone;281- 681- -9766 Fox:281 -681 -9779 .Oro.Me ly KC eeteq�_ -. 11/12/12 A.alny -4 1 " =•30' ae.wod e9 SC P,.1+41 Nn. 11 -349 -027 r,e,, N/A boring Mane L0T5- AS8.DWO .us.ow Np N A TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TEXAS NEIGHBORHOOD STABILIZATION PROGRAM TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN SERVICING DEPARTMENT INITIAL LOAN CONTACT INFORMATION LOAN NUMBER: 77099991268c BORROWER NAME: CYNTHIA HAYNES PROPERTY ADDRESS: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 MAILING ADDRESS: HOME PHONE: WORK PHONE: CELL PHONE: NEAREST RELATIVE (not living with you) CONTACT NAME AND PHONE NUMBER: -1. 'f%liMM% IV .go l- oKla 3obb TDHCANSPINITIALLNCONTACTINFO Form - TDHCAINF -5083 (Ver. 09 -2013) DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." I request deletion of the Arbitration provision. Texas Department of Housing and Community affairs, a public and official agency of the State of Texas By: Its: Duly Authorized Representative / DATE: �U/\�( a, S., 9-01,7 Loan No.: 77099991268b TDHCADELARB Form - TDACAARB -1423 (Ver. 09 -2013) ORIGINAL DISCLOSURE TO SELLER In representing the lender's interests in the loan transaction with the Borrower who is purchasing your property, Hay Darby PLLC, Attorney at Law has prepared a General Warranty Deed or other instruments whereby the secured property is conveyed by you, as Seller, to the Borrower. The Lender must be assured that good title to the secured property is conveyed to the Borrower and that a vendor's lien is properly retained in such instrument benefitting the Lender. Unless otherwise provided in your sales contract with the Borrower, you as Seller are obligated to pay at the time of closing, or on demand, the legal fees of Hay Darby PLLC, Attorney at Law for preparation of the General Warranty Deed or other conveyancing instrument. The charge for such services is set forth on the closing or settlement statement furnished by the closing agent. By signing below, you acknowledge (i) Hay Darby PLLC, Attorney at Law, has not represented your interests as Seller in preparation of such instrument and has not given you legal advice in any regard, including expressly legal advice regarding the contract to sell the secured property, the legal instruments, or the closing of the transaction, and (ii) that you may consult independent counsel or hire an attorney to represent and advise you with respect to these matters, and the consequences of this transaction for you. Seller CI O UNTSVI E 6-,6-P7` Date Seller Date Seller LOAN NO.: 77099991268b Date Seller Date Disclosure to Seller Form - HCSELDIS -6372 (Ver. 12 -2013) ORIGINAL UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) B. E -MAIL CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) Texas Department of Housing andCommunity Affairs P. O. Box 13941 Austin, Texas 78711 -3941 1a. INITIAL FINANCING STATEMENT FILE NUMBER Rec. 06/27/2012 Doc. No. 00004671 OPR Walker Cnty 1 COMPANY NUUE THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY b.© This FINANCING STATEMENT AMENDMENT is to be filed [for record] (or recorded) In the REAL ESTATE RECORDS Filer: attach Amendment Addendum (Form UCC3Ad) ang provide Debtor's name in item 13 2. ❑ TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to the security interest(s) of Secured Party authorizing this Termination Statement 3. ❑ ASSIGNMENT (full or partial): Provide name of Assignee in item 7a or 7b, awl address of Assignee in item 7c apQ name of Assignor in item 9 For partial assignment, complete items 7 and 9 and also indicate affected collateral in item 8 4. ❑ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to the security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law 5. ❑ PARTY INFORMATION CHANGE: Check one of these two boxes: AND Check one of these three boxes to: CHANGE name and /or address: Complete ADD name: Complete DELETE name: Give record name This Change affects ❑ Debtor a ❑ Secured Party of record ❑ item 6a or 6b; eni item 7a or 7b item 7c ❑ 7a or 7b, End item 7c to be deleted in item 6a or 6b 6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only gitg name (6a or 6b) OR 6a. ORGANIZATION'S NAME 6b. INDIVIDUALS SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only gge name (7a or 7b) (use exact, hill name; do not omit, modify, or abbreviate any part of the Debtor's name) OR 7a. ORGANIZATION'S NAME 7b. INDIVIDUAL'S SURNAME INDIVIDUALS FIRST PERSONAL NAME INDIVIDUAL'S ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. IZ COLLATERAL CHANGE: AL%) check me of these four boxes: ❑ ADD collateral © DELETE collateral ❑ RESTATE covered collateral ❑ ASSIGN collateral Indicate collateral: BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT FIVE (5), VANN- JOHNSON SUBDIVISION, A SUBDIVISION IN CITY OF HUNTSVILLE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only gIlg name (9a or 9b) (name of Assignor, if this is an Assignment) If this Is an Amendment authorized by a DEBTOR, check here ❑ and provide name of authorizing Debtor 9a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS OR 9b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAMES) / INITIAL(S) SUFFIX 10. OPTIONAL FILER REFERENCE DATA: NSP #770999991266: City of Huntsville, a political subdivision of the State of Texas International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (Form UCC3) (Rev. 04/20/11) UCC FINANCING STATEMENT AMENDMENT ADDENDUM FOLLOW INSTRUCTIONS 11. INITIAL FINANCING STATEMENT FILE NUMBER: Same as item la on Amendment form Doc. No. 00004671 12. NAME OF PARTY AUTHORIZING THIS AMENDMENT: Same as item 9 on Amendment form OR 12a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 12b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 13. Name of DEBTOR on related financing statement (Name of a current Debtor of record required for indexing purposes only In some filing offices - see Instruction item 13): Provide only one Debtor name (13a or 13b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); see Instructions if name does not fit OR 13a. ORGANIZATION'S NAME CITY OF HUNTSVILLE 13b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 14. ADDITIONAL SPACE FOR ITEM 8 (Collateral): 15. This FINANCING STATEMENT AMENDMENT: covers timber to be cut covers as- extracted collateral Ej Is filed as a fixture filing 16. Name and address of a RECORD OWNER of real estate described in Item 17 (if Debtor does not have a record interest): 17. Description of real estate: BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT FIVE (5), VANN- JOHNSON SUBDIVISION, A SUBDIVISION IN CITY OF HUNTSVILLE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 18. MISCELLANEOUS: International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT ADDENDUM (Form UCC3Ad) (Rev. 04/20/11) UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) B. E -MAIL CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) r Texas Department of Housing andCommunity Affairs P. O. Box 13941 Austin, Texas 78711 -3941 L 1 la. INITIAL FINANCING STATEMENT FILE NUMBER Rec. 07/10/2012 Doc. No. 12- 0022037663 1 b.J tem 13 2. U TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to the security mr�,.._. on Statement 3. U ASSIGNMENT (full or partial): Provide name of Assignee in item 70 or 7b, and address of Assignee in item 7c and name of Assignor in item 9 For partial assignment, complete items 7 and 9 and also indicate affected collateral in item 8 4. ❑ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to the security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law 5. ❑ PARTY INFORMATION CHANGE: Check one of these two boxes: AND Check gna of these three boxes to: CHANGE name and /or address: Complete ADD name: Complete item This Change affects ❑ Debtor or ❑ Secured Party of record ❑ item 6a or 6b; and item 7a or 7b and item 7c ❑ 7a or 7b, and item 7c 6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only gne name (6a or 6b) 6a. ORGANIZATION'S NAME OR DELETE name: Give record name to be deleted in item 6a or 6b 6b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) / INITIAL(S) SUFFIX 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only mg name (7a or 7b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name) 7a. ORGANIZATION'S NAME OR 7b. INDIVIDUAL'S SURNAME INDIVIDUAL'S FIRST PERSONAL NAME INDIVIDUALS ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. COLLATERAL CHANGE: Also check one of these four boxes: Indicate collateral: BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT FIVE (5), VANN- JOHNSON SUBDIVISION, A SUBDIVISION IN CITY OF HUNTSVILLE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. ADD collateral DELETE collateral ❑ RESTATE covered collateral ❑ ASSIGN collateral 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b) (name of Assignor, if this Is an Assignment) If this is an Amendment authorized by a DEBTOR, check here ❑ and provide name of authorizing Debtor 9a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS OR 9b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 10. OPTIONAL FILER REFERENCE DATA: NSP #770999991266: City of Huntsville, a political subdivision of the State of Texas International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (Form UCC3) (Rev. 04/20/11) UCC FINANCING STATEMENT AMENDMENT ADDENDUM FOLLOW INSTRUCTIONS 11. INITIAL FINANCING STATEMENT FILE NUMBER: Same as Item to on Amendment form Doc. No. 00004671 12. NAME OF PARTY AUTHORIZING THIS AMENDMENT: Same as Item 9 on Amendment form OR 12a. ORGANIZATIONS NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 12b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) / INITIAL(S) SUFFIX THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 13. Name of DEBTOR on related financing statement (Name of a current Debtor of record required for indexing purposes only In some filing offices - see Instruction Item 13): Provide only one Debtor name (13a or 13b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); see Instructions If name does not fit OR 13a. ORGANIZATIONS NAME CITY OF HUNTSVILLE 13b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 14. ADDITIONAL SPACE FOR ITEM 8 (Collateral): 15. This FINANCING STATEMENT AMENDMENT: 0 covers timber to be cut 0 covers as- extracted collateral 0 is filed as a fixture filing 16. Name and address of a RECORD OWNER of real estate described in Item 17 (if Debtor dogs not have a record Interest): 17. Description of real estate: BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT FIVE (5), VANN- JOHNSON SUBDIVISION, A SUBDIVISION I.N CITY OF HUNTSVILLE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 18. MISCELLANEOUS: International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT ADDENDUM (Form UCC3Ad) (Rev. 04/20/11) Texas Neighborhood Stabilization Program (NSP) (Purchase Money) Promissory Note ( "Note ") Date: JUNE 26, 2014 Borrower: CYNTHIA HAYNES Borrower's Mailing Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Lender's Address (including County): 221 East 11th St., Austin, Travis County, Texas 78701 P.O. Box 13941, Austin, Travis County, Texas 78711 -3941 Place for Payment: TDHCA Loan Servicing 332 -05 P.O. Box 13245 Austin, Travis County, Texas 78711 -3245 Principal Amount: SEVENTY FIVE THOUSAND NINE HUNDRED SIX AND 00 /100 dollars ($ 75,906.00 ) Annual Interest Rate: Zero percent (0 %) per annum Maturity Date: JULY 01, 2044 Annual Interest Rate on Matured, Unpaid Amounts: Ten percent (10 %) per annum Terms of Payment (principal and interest): Principal shall be due and payable in monthly installments of TWO HUNDRED TEN AND 85/ 100— dollars ($ 210.85 ) each, payable on the first day of each and every calendar month, beginning AUGUST 01, 2014 and continuing regularly thereafter until JULY 01, 2044 ( "maturity "), on which last mentioned date the entire unpaid balance of principal then owing shall become immediately due and payable. Any default under the NSP Purchase Money Deed of Trust securing this Note shall be deemed to be a default under this Note. If any part of the collateral securing this Note is transferred or conveyed without Lender's prior, written consent, or if Borrower ceases to occupy the mortgaged property as his or her principal residence, any unpaid or un- forgiven balance of this Note is immediately due and payable and Lender may invoke any remedies provided under the NSP Purchase Money Deed of Trust securing this Note. If the collateral is residential real property containing fewer than five dwelling units or a residential manufactured home occupied by Borrower, exceptions to this provision are limited to (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the property; (b) creation of a purchase money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- owner; (d) grant of a leasehold interest of three years or less without an option to purchase; (e) transfer to a spouse or children of owner or between co- owners; (f) transfer to a relative of owner or on owner's death; and (g) transfer to an inter vivos trust in which owner is and remains a beneficiary and occupant of the property. This restriction on the transfer of Property will automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure, or if the mortgage is assigned to the Secretary of the U.S. Department of Housing and Urban Development in accordance with 24 C.F.R. § 203.41. LOAN NO.: 77099991268b TDHCANSPNOTEPMF Form - TDHCANI -6585 (Ver. 09-2013) Page 1 of 4 ORIGINAL Initials d. 1 ' Upon the sale of the mortgaged property, any unpaid balance of the Note shall be due and payable in full from the available Net Proceeds from the sale of the mortgaged property pursuant to 24 CFR§ 92.254. Net Proceeds of a sale are the sales price of Property minus the closing costs, any superior lien loan repayment and any other necessary transaction costs. If the Net Proceeds are insufficient to repay the outstanding balance of the Note in in full and Borrower's investment (which includes any portion of initial down payment paid by Borrower combined with the value of any capital improvements made with Borrower's funds), the Borrower's investment is paid in full first from the available proceeds from the re -sale and the Note is repaid to the extent that proceeds are available, but only in the event the mortgaged property was sold for an amount not less than the current appraised value as then appraised by the appropriate governmental authority without the consent of Lender. If there are no Net Proceeds and the mortgage property was sold for an amount not less than the current appraised value as then appraised by the governmental authority, repayment of the Note is not required. Security for Payment: This Note is secured by a vendor's lien retained in a deed by CITY OF HUNTSVILLE to Borrower, dated of even date herewith and additionally secured by a NSP Purchase Money Deed of Trust of even date herewith from Maker to Timothy K. Irvine of Travis County, Texas Trustee, which covers the following described property to -wit: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which has a street address of 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Borrower promises to pay to the order of Lender the Principal Amount plus interest, if applicable. This Note is payable at the Place for Payment and according to the Terms of Payment. All unpaid amounts are due by the Maturity Date. After Maturity Date, Borrower promises to pay any unpaid principal balance plus interest at the Annual Interest Rate on Matured, Unpaid Amounts, if applicable. If any payment required under this Note is not paid within 15 days after it becomes due and payable, then Borrower shall pay to Lender, subject to the provisions of this Note limiting the amount of interest, the payment of a late charge ( "Late Charge ") to compensate Lender for the loss of use of funds and for the administrative expenses and costs of handling such delinquent payment equal to a one -time charge of five percent (5 %) of the amount of such payment that was not timely paid or Seven and 50 /100 Dollars ($7.50), whichever is greater (but such Late Charge together with all interest payable hereon shall not exceed the maximum lawful rate under Applicable Law). Lender is not obligated to accept any past due payment that is not accompanied by a Late Charge, but may accept such payment without waiving its rights to collect the Late Charge. In no event shall a Late Charge be payable by reason of the acceleration of the indebtedness evidence by this Note; therefore, a Late Charge would only be due and payable with respect to payments under this Note which became delinquent prior to the acceleration of the indebtedness evidenced hereby. LOAN NO.: 77099991268b TDHCANSPNOTEPMF Initials a 4. Form - TDHCANI.6585 (Ver. 09- 2013) Page 2 of 4 ORIGINAL In the event of default in the payment of any part of the Principal Amount or interest on this Note and Borrower's failure to cure the default within thirty (30) days after Lender's delivery of written notice of default to Borrower, or in the event of default in the performance of any agreement contained in the Loan Agreement or any document securing the payment of this Note or otherwise executed in connection herewith, and Borrower's failure to cure the default within thirty (30) days after Lender's delivery of written notice of the default to Borrower, then the holder of this Note shall have the unconditional right, without demand, notice, or other action, to declare the unpaid and un- forgiven principal balance of this Note at once due and payable and to foreclose each lien and security interest securing the payment of this Note, if applicable, either under any power of sale contained in any documents creating such lien or security interest or by court proceedings, as the holder may elect. Notice shall be deemed to have been delivered upon actual receipt or upon deposit, if deposited in an official depository of the United States Postal Service, properly addressed to the party entitled to the notice, marked certified mail, return receipt requested, and containing sufficient postage. For the purpose of notice, Borrower's address is 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Borrower shall have the right to change its address and specify any other address within the United States of America by at least ten (10) days' written notice to Lender. If this Note is placed in the hands of an attorney for collection or is collected by legal proceedings of any kind, Borrower agrees to pay all costs of collection, including reasonable attorneys' fee and costs. Notwithstanding anything to the contrary contained herein, if Borrower's first mortgage is an FHA - insured mortgage, the Borrower is not liable for Lender's costs and expenses, including attorney fees, if the event of default results solely from Borrower's violation of the owner - occupancy restriction. All agreements and transactions between Borrower and Lender, whether now existing or hereafter arising, whether contained herein or in any other instrument, and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of the Maturity Date hereof, prepayment, demand for payment or otherwise, shall the amount contracted for, charged or received by Lender from Borrower for the use, forbearance, or detention of the Principal Amount indebtedness or interest hereof, which remains unpaid from time to time, exceed the maximum amount permissible under Applicable Law, it particularly being the intention of the parties hereto to conform strictly to the law of the State of Texas and of the United States of America, whichever is applicable. Any interest payable hereunder or under any other instrument relating to the loan evidenced hereby that is in excess of the legal maximum under Applicable Law, shall, in the event of acceleration of Maturity Date, prepayment, demand for payment or otherwise, be automatically, as of the date of such acceleration, prepayment, demand or otherwise, applied to a reduction of the Principal Amount indebtedness hereof and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of such Principal Amount, such excess shall be refunded to Borrower. To the extent permitted by Applicable Law, determination of the legal maximum amount of interest shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of the loan, all interest at any time contracted for, charged or received from Borrower in connection with the loan, so that the actual rate of interest on account of such indebtedness is uniform throughout the term thereof. Borrower shall pay a charge of $25.00 for any check returned for any reason. Except as provided in this Note, Borrower and each endorser and guarantor of this Note jointly and severally waive grace, presentment for payment, notice of renewals and extensions, notice of nonpayment, notice of protest, notice of and demand for payment of installments or other amounts coming due under this Note that are not paid when due, notice of intent or election to accelerate Maturity Date or the actual acceleration of Maturity Date of the indebtedness evidenced by this Note, and diligence in the collection of this Note, in filing suit on this Note and in seizing or foreclosing on any collateral securing this Note, if applicable, or and agree to one or more extensions of Maturity Date and partial payments before or after Maturity Date without prejudice to rights of the holder of this Note. LOAN NO.: 77099991268b TDHCANSPNOTEPMF Initials Form - TDHCANI -6585 (Ver. 09 -2013) Page 3 of 4 ORIGINAL All obligations of this Note are the joint and several obligations of each signer. This Note shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America from time to time in effect. The term "Applicable Law" as used herein means (1) the law pertaining to maximum rates of interest that is now in effect and (2) any law that comes into effect at any time in the future allowing a higher maximum interest rate than the law now in effect. When the context requires, singular nouns and pronouns include the plural. THIS WRITTEN AGREEMENT AND THE OTHER WRITTEN AGREEMENTS, INCLUDING THE COLLATERAL AGREEMENTS, SIGNED CONTEMPORANEOUSLY WITH THE SIGNING HEREOF REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. BORROWER: CYNTHIA HAYNES Date Borrower Date Borrower LOAN NO.: 77099991268b TDHCANSPNOTEPMF Form - TDHCANI.6585 (Ver. 09 -2013) Date Borrower Date Page 4 of 4 ORIGINAL AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711 -3941 LOAN NO.: 77099991268b ESCROW NO.: 201404402 TITLE NO.: 201404402 Reim°ka ; WALKER CCL9NJ ' TI -te-o' &PAD ( 1109 UNIVER 'rr . . NUNTSVILU , [SPACE ABOVE THIS LINE FOR RECORDING DATA] — Texas Neighborhood Stabilization Program (NSP) Purchase Money Deed of Trust ( "Deed of Trust ") NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: JUNE 26, 2014 Grantor: CYNTHIA HAYNES, A SINGLE WOMAN Grantor Mailing Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Trustee: Timothy K. Irvine of Travis County, Texas Trustee's Mailing Address: P.O. Box 13491; Austin, Texas 78711 Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Beneficiary's Mailing Address: 221 East 11th Street Austin, Travis County, Texas 78701 NSP Purchase Money Promissory Note (Note): Date: Of even date herewith. Original principal amount: SEVENTY FIVE THOUSAND NINE HUNDRED SIX AND 00 /100-- ---- -- -------------- - ----- Dollars ($ 75,906.00 ) Maker: CYNTHIA HAYNES Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Maturity date: JULY 01, 2044 TDHCANSPDOTPMF Initials l� r Foam - TDHCADI -6647 (Ver. 11 -2013) Page 1 of 9 ORIGINAL Terms of Payment: As provided therein Property: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Prior Liens: N/A Other Exceptions to Conveyance and Warranty: 1. Visible and apparent easements on or across property which may not appear of record. 2. All coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto. 3. Restrictions, covenants, easements and outstanding mineral reservations, rights to royalties, if any shown of record in the hereinabove mentioned county and state, all to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any. 4. Ownership of all oil, gas and other minerals; and rights of all parties claiming by, through or under said mineral owner(s). For value received and to secure payment of Note, Grantor conveys the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty. On payment of Note and all other amounts secured by this Deed of Trust, this Deed of Trust will have no further effect, and Beneficiary will release it at Grantor's expense. A. Grantor's Obligations Grantor agrees to: 1. keep the Property in good repair and condition; 2. pay all taxes and assessments on the Property before delinquency; 3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the lien's priority as it is established in this Deed of Trust; 4. maintain, in a form acceptable to Beneficiary, an insurance policy that: a. covers all improvements for their full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a smaller amount in writing; b. provides fire and extended coverage, including windstorm coverage; c. protects Beneficiary with a standard mortgage clause; d. provides flood insurance at any time the Property is in a flood hazard area; and e. contains such other coverage as Beneficiary may reasonably require. 5. deliver the insurance policy to Beneficiary within ten days of the date of this Deed of Trust and deliver renewals to Beneficiary at least fifteen days before expiration; LOAN NO.: 77099991268b %- TDHCANSPDOTPMF Initials Form - TDHCADI -6647 (Ver. 11-2013) Page 2 of 9 ORIGINAL 6. obey all laws, ordinances, and restrictive covenants applicable to the Property; 7. keep any buildings occupied as required by the insurance policy; and 8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all prior lien notes and abide by or cause to be abided by all prior lien instruments. B. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all the rights and liens of the holders of any debt so paid. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce Note or to repair or replace damaged or destroyed improvements covered by the policy. If the Property is Grantor's primary residence and Beneficiary reasonably determines that repairs to the improvements are economically feasible, Beneficiary will make the insurance proceeds available to Grantor for repairs. 4. Notwithstanding note terms to the contrary, and unless applicable law prohibits, all payments received by Beneficiary from Grantor under Note or this Deed of Trust may, at Beneficiary's discretion, be applied first to amounts payable under this Deed of Trust and then to amounts due and payable to Beneficiary under Note, to be applied to late charges, principal, or interest in the order Beneficiary in its discretion determines. 5. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand for any amounts so paid, including attorney's fees, plus interest on those amounts from the dates of payment at the rate stated in Note for matured, unpaid amounts. The amount to be reimbursed will be secured by this Deed of Trust. Notwithstanding anything to the contrary contained herein, if Grantor's first mortgage is an FHA - insured mortgage, the Grantor is not liable for Beneficiary's costs and expenses, including attorney fees, if the event of default results solely from Grantor's violation of the owner - occupancy restriction. 6. If there is a default on Note or if Grantor fails to perform any of Grantor's obligations and the default continues after any required notice of the default and the time allowed to cure, Beneficiary may: a. declare the unpaid principal balance and earned interest on Note immediately due; b. direct Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent will cause notice of the foreclosure sale to be given as provided by the Texas Property Code as then in effect; and c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited on Note. 7. Beneficiary may remedy any default without waiving it and may waive any default without waiving any prior or subsequent default. C. Trustee's Duties If directed by Beneficiary to foreclose this lien, Trustee will: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then in effect; 2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash with a general warranty binding Grantor, subject to the Prior Lien and to the Other Exceptions to Conveyance and Warranty and without representation or warranty, express or implied, by Trustee; LOAN NO.: 77099991268b TDHCANSPDOTPMF Initials Form - TDHCADI -6647 (Ver. 11 -2013) Page 3 of 9 ORIGINAL 3. from the proceeds of the sale, pay, in this order: a. expenses of foreclosure, including a reasonable commission to Trustee; b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance; and 4. be indemnified by Beneficiary against all costs, expenses, and liabilities incurred by Trustee for acting in the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other costs, including attorney's fees, incurred by Trustee in defense of any action or proceeding taken against Trustee in that capacity. D. General Provisions 1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any trustee's deed conveying the Property will be presumed to be true. 3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien will remain superior to liens later created even if the time of payment of all or part of Note is extended or part of the Property is released. 5. Application of Payments. If any portion of Note cannot be lawfully secured by this Deed of Trust, payments will be applied first to discharge that portion. Unless applicable law provides otherwise, payments will be applied next, to principal due; third, to interest due; fourth, to any amounts payable for taxes and insurance escrow under this part D, paragraph 27 and last, to any late charges due under the Note. 6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be exercised by successors in interest of all parties. 7. Hazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property in accordance with paragraph 9. Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Note. If under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust immediately prior to the acquisition. 8. Usury; Interest. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the LOAN NO.: 77099991268b TDHCANSPDOTPMF Initials( Fonn - TDHCADI.6647 (Ver. 11 -2013) Page 4 of 9 ORIGINAL principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions in this and all other instruments concerning the debt. 9. Protection of Beneficiary's Rights in the Property. If Grantor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take action under this paragraph 9, Beneficiary does not have to do so. Any amounts disbursed by Beneficiary under this paragraph 9 shall become additional debt of Grantor secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Beneficiary to Grantor requesting payment. 10. Mortgage Insurance. If Beneficiary required mortgage insurance as a condition of making the loan secured by this Security Instrument, Grantor shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Beneficiary lapses or ceases to be in effect, Grantor shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Grantor of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Beneficiary. If substantially equivalent mortgage insurance is not available, Grantor shall pay to Beneficiary each month a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Grantor when the insurance coverage lapsed or ceased to be in effect. Beneficiary will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Beneficiary, if mortgage insurance coverage (in the amount and for the period that Beneficiary requires) provided by an insurer approved by Beneficiary again becomes available and is obtained. Grantor shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Grantor and Beneficiary or applicable law. 11. Inspection. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 12. Condemnation. Grantor assigns to Beneficiary all amounts payable to or received by Grantor from condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the Property. After deducting any expenses incurred, including attorney's fees and court and other costs, Beneficiary will either release any remaining amounts to Grantor or apply such amounts to reduce Note. Beneficiary will not be liable for failure to collect or to exercise diligence in collecting any such amounts. Grantor will immediately give Beneficiary notice of any actual or threatened proceedings for condemnation of all or part of the Property. 13. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any part of the Property have been advanced by Beneficiary at Grantor's request and upon Grantor's representation that such amounts are due and are secured by valid liens against the Property. Beneficiary shall be subrogated to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless of whether said liens or debts are acquired by Beneficiary by assignment or are released by the holder thereof upon payment. LOAN NO.: 77099991268b TDHCANSPDOTPMF Initials Form - TDHCADI -6647 (Ver. 11 -2013) Page 5 of 9 ORIGINAL 14. Purchase Money; Vendor's Lien. Grantor represents that this Deed of Trust and Note are given for the following purposes: The funds advanced to Maker under Note are used to pay all or part of the purchase price of the Property. Note is also primarily secured by a subordinate vendor's lien retained in the deed of even date with this Deed of Trust executed by CITY OF HUNTSVILLE conveying the Property to Maker, which vendor's lien has been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien. The vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative. Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose under both. 15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF THE BALANCE OF ALL PRINCIPAL AND INTEREST REMAINING DUE THEREON. If the Property is residential, real property containing fewer than five (5) dwelling units or a manufactured home occupied by Grantor, exceptions to this provision are limited to: (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b) creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- Grantor; (d) grant of a leasehold interest of three years or less without an option to purchase; (3) transfer to a spouse or children of Grantor or between co- Grantors; (f) transfer to a relative of Grantor on Grantor's death; and (g) transfer to an inter vivos trust in which Grantor is and remains a beneficiary and occupant of the Property. The restriction on the transfer of Property will automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure, or if the mortgage is assigned to the Secretary of the U. S. Department of Housing and Urban Development in accordance with 24 C.F.R. §203.41. 16. Loan Not a Home Equity Loan. The Loan evidenced by Note is not an extension of credit as defined by Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as Maker's residence, then Maker agrees that Maker will receive no cash from the Loan evidenced by Note and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete construction, or renew and extend a prior lien against the Property, will be used to reduce the balance evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's option. Maker agrees to execute any documentation necessary to comply with this Section. 17. Occupancy, Preservation, Maintenance and Protection of the Property. GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR BELOW FIFTY PERTCENT (50 %) OF AREA MEDIAN INCOME, AND WILL CONTINUE TO USE THE PROPERTY AS THEIR PRINCIPAL RESIDENCE. IF GRANTOR CEASES TO OCCUPY THE PROPERTY AS THEIR PRINCIPAL RESIDENCE, THE BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF THE UNPAID AND /OR UNFORGIVEN BALANCE OF ALL PRINCIPAL AND INTEREST, IF ANY, REMAINING DUE THEREON. HOWEVER, THIS ELECTION SHALL NOT BE EXERCISED BY BENEFICIARY IF PROHIBITED BY FEDERAL LAW. Grantor shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Grantor shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Beneficiary's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Deed of Trust or Beneficiary's security interest. Grantor may LOAN NO.: 77099991268b TDHCANSPDOTPMF Initials Form - TDHCADI.6647 (Ver. 11 -2013) Page 6 of 9 ORIGINAL cure such a default and reinstate, as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", by causing the action or proceeding to be dismissed with a ruling that, in Beneficiary's good faith determination, precludes forfeiture of the Grantor's interest in the Property or other material impairment of the lien created by this Deed of Trust or Beneficiary's security interest. Grantor shall also be in default if Grantor, during the loan application process, gave materially false or inaccurate information or statements to Beneficiary (or failed to provide Beneficiary with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Grantor's occupancy of the Property as a principal residence. 18. Hazardous Substances. Grantor shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Grantor shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Grantor shall promptly give Beneficiary written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Grantor has actual knowledge. If Grantor learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Grantor shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 19. Waiver of Notice of Intention to Accelerate. Grantor waives the right to notice of intention to require immediate payment in full of all sums secured by this Deed of Trust and the right to notice of acceleration, except in either case as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." 20. Substitute Trustee. Beneficiary, at its option and with or without cause, may from time to time remove Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall have the right to have enforcement of this Deed of Trust discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Deed of Trust; or (b) entry of a judgment enforcing this Deed of Trust. Those conditions are that Grantor: (a) pays Beneficiary all sums which then would be due under this Deed of Trust and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's rights in the Property and Grantor's obligation to pay the sums secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of Trust and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." LOAN NO.: 7709999126813 TDHCANSPDOTPMF Initials �( 4/// Fortn - TDHCADI -6647 (Ver. I1 -1013) Page 7 of 9 ORIGINAL 22. Release. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall release this Deed of Trust without charge to Grantor. Grantor shall pay any recordation costs. 23. Severability. If any provision of this Deed of Trust is determined to be invalid or unenforceable, the validity or enforceability of any other provision will not be affected. 24. Partial Invalidity. In the event any portion of the sums intended to be secured by this Deed of Trust cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those portions not secured hereby. 25. The term Note includes all extensions and renewals of Note and all sums secured by this Deed of Trust. 26. When the context requires, singular nouns and pronouns include the plural. 27. If Grantor and Maker are not the same person, the term Grantor shall include Maker. 28. Reserve for Taxes and Insurance. Grantor agrees to make an initial deposit in a reasonable amount to be determined by Beneficiary and then make monthly payments to a fund for taxes, insurance premiums, and assessments against or affecting the Property at the request of Beneficiary. Monthly payments will be made on the payment dates specified in Note, and each payment will be one - twelfth of the amount that Beneficiary estimates will be required annually for payment of taxes and insurance premiums. The fund will accrue no interest, and beneficiary will hold it without bond in escrow and use it to pay the taxes and insurance premiums. If Grantor has complied with the requirements of this paragraph, beneficiary must pay taxes before delinquency. Grantor agrees to make additional deposits on demand if the fund is ever insufficient for its purpose. If an excess accumulates in the funds, Beneficiary may either credit it to future monthly deposits until the excess is exhausted or refund it to Grantor. When Grantor makes the final payment on Note, Beneficiary will credit to that payment the whole amount then in the fund or, at Beneficiary's option, refund it after Note is paid. If this Deed of Trust is foreclosed, any balance in the fund over that needed to pay taxes, including taxes accruing but not yet payable, and to pay insurance premiums will be paid under part C, "Trustee's Rights." Deposits to the fund described in this paragraph are in addition to the monthly payments provided for in the Note. 29. "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Balloon Rider ❑ 1 -4 Family Rider ❑ Other(s) [specify]: LOAN NO.: 77099991268b TDHCANSPDOTPMF Fonn - TDHCAD166470 (Ver. 11 -2013) ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider Page 8 of 9 ORIGINAL Initial ❑ Second Home Rider ❑ Assumption Rider ❑ Inter Vivos Trust Rider GRANTOR: Bo " �'�" - - Date Borrower Date CY HIA HAYNES Borrower State of TEXAS Date Borrower [Space Below This Line For Acknowledgment] § County of WALKER § Date Before me, a Notary Public, on this day personally appeared CYNTHIA HAYNES known to me (or proved to me on the oath of or through [description of identity card or other document] to be the person whose name y4s��Sy�sFriibed to the foregoing instrument ntand acknowledged to me that he executed the same for the purposes ``riq ii(gn therein expressed. Zeill Given under my ha i s, .1 f of]Sce $►is OP day of , A.D. (:<` : ":"^ &lii....),‘... ?4,,,t .rr's- .s �..`� _ i (Seal) ..E:p\`?,fP \\ems s• "/ /./ f6if1t1 B 1 \ �\r My Commission Expires: PREPARED BY: JOHN HAY HAY DARBY PLLC, ATTORNEYS AT LAW 402 WEST 7TH STREET AUSTIN, TEXAS 78701 LOAN NO.: 770999912686 TDHCANSPDOTPMF Form - TDHCADI -6647 (Ver. 11 -2013) Title of Officer AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711 -3941 Return Record Attention: Connie Nunley Page 9 of 9 ORIGINAL METES AND BOUNDS DESCRIPTION of Lot 5 of Vann- Johnson Subdivision, Iuntsville, Texas Being a 0.196. of an acre (8,559 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 5 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.196 of an acre of land being more particularly described by metes anti- bounds as follows: BEGINNING at a found 5/8 -i11ch iron rod with cap in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the northeasterly corner of Lot 4 of said Vann- Johnson Subdivision, same being the southeasterly corner of said Lot 5, and being in the easterly line of said 1.17 acre tract; TI-IENCE, South 87 °24'13" West, a distance of 150.16 feet, along the northerly line of said Lot 4, being the southerly line of said Lot 5 to a found 5/8 -inch iron rod with cap in the easterly line of' that certain called 0.62 acre tract of land conveyed to Abe Johnson by deed and recorded in Volume 96, Page 192 of said Deed Records, being the northwesterly corner of said Lot 4, same being the southwesterly comer of said Lot 5., and being in the westerly line of said 1.17 acre tract; THENCE, North 02 °35'47" West, a distance of 57.00 feet, along the easterly line of said 0.62 acre tract, being the westerly line of said Lot 5 and said 1.17 acre tract to a found 5/8 -inch iron rocl with cap at the southwesterly corner of Lot 6 of said Vann - Johnson Subdivision, being the northwesterly corner of said Lot 5; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 6, being the northerly line of said Lot 5 to a found 5/8 -inch iron rod with cap in the westerly line of said 50' Road, being the southeasterly corner of said Lot 6, same being the northeasterly corner of said Lot 5, and being in the easterly line of said 1.17 acre tract; TI7:ENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 5 and said 1.17 acre tract to the Point of Beginning and containing 0.196 of an acre of land. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780.255). Bearings described are related to the Texas Coordinate System of.1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11 -249 -027 EXHIBIT 4. PA.GE__L_ OE..ZL LEGEND ® FOUND MONUMENTf10N (TYPE NOTED) el METER BOX —P-- POWER LINES — //— FENCE //1 EDGE OF ASPHALT 2 0 N VW oo 0 CALLED 0.62 ACRES ABE JOHNSON YOL 96, ?AGE /92 D. R IY. C. T. r®-/ D.R.W.C,T. 0.P.R.W.C.T. P.R.W.C.T. CLEAN OUT POWER POLE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY, TEXAS PLAT RECORDS WALKER COUNTY, TEXAS CALLED 0.032 ACRES CAL JOHNSON VOL 977. PG. 120 0. P.RW.C.T. FND.5 /B 1.R. W /CAP mI 'a1 �I FND 5�"I.R. 10 61.7,1R—FLAT ,d; W /CAP LOT LINE LOT LINE 01 P-1 nl �'I o N87 24'13 "E 150.16' n LOT6 P flu "� j%4 0 15 30 SCALE: 1" = 30' L_ — 10' ELL PER PLAT SER CE 3'X3' POI Io' Q.L. PER PLAT STEPS c ------- - - - - -- j R 32.11 LOTS 3, 0.196 ACRES N% (8,559 SQ. FT.) ...,.49.0', • rN 1 –STORY BRICK. BUILDING 587'24-'1.3"W 150.16' 10' G.L. PER PLAT LOT4 VANN- JOI- -INSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that this survey was made on the ground and completed on November 9. 2012 that this drawing correctly represents the facts found at the time of survey and that this professional service substontiolly conforms to the current Texas Society of Professional Surveyors Stondords and Specifications for a Category 1B. Condition II Survey. ' r �.� • ✓mill% Stephen M. Chruszczak R.P.L.S. No. 5937 NOTES: 1. This survey wos performed without the benefit of a Title Commitment. 2. Horizontal Control is bused on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262.485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262.526.24 & East= 3.801,780.255). Bearings described are reloted to the Texas Coordinate System of 1983. Centro) Zone. Distonces shown ore US Survey Feet in "Field Horizontal" units and may be converted to 'GRID" units by multiplying by a combined scalp foctor of 0.99988. 3. 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CV 6 CA CA CA CA CA CA CA CA CV 10 41 N0 00 '0 -V -V .1, 11 -r ggg g8g8gg8g8ggg88g8g CA 04 CA 01 01 01 01 CA 01 el CA el el 01 N el el 04 C4 04 el el CA el N N el CA el CA N N CA C. ' ,4 ,4 or: ,4 ,4 ,4 ,4 « « ,r vr.1 ,4 1,4 ,ti ,41 6 r; _» 11 e t, oe CD 1-1 ,... 6 c.p 4 kr, t, ,e 6 4 In 00 t, GO CD rA ,4 6 cp 4in t, ool r. r•—■ r-4 ;14 r( r1 r, 10• 10 101010 CA rC.1 Cr; rCA o Co A rC4 Co I rCo I 0r1 oCA o cc: CCN ) 40 c0 c, C0c 0cc) ! CCci! • 0CC! CTi N C'ci r. 011 (4 ,. ' et ",0 t, C7p s GO 7p CuD a rin 4 Cin A Noa 0 i4 n iun a tuc a tin . oin p In 6 ...It, co ro 0) 10 co 10 10 pa (0.10 1010 10.1') 10104 JUNE 26, 2014 VIA OVERNIGHT DELIVERY JUDY THORTON WALKER COUNTY TITLE 1109 UNIVERSITY AVENUE HUNTSVILLE, TX 77340 Re: Loan in the amount of $ 75,906.00 Housing and Community Affairs ( "TDHCA ") to CYNTHIA HAYNES ( "Loan ") from Texas Department of under the Neighborhood Stabilization Program ( "NSP ") Dear ( "Borrower ") JUDY THORTON , as agent for WALKER COUNTY TITLE ( "Title Company "), issued a Commitment of Title Insurance ( "Commitment "), bearing G.F. No. 201404402 effective on JUNE 26, 2014 , issued in connection with and is the subject of the above referenced Loan involving real property ( "Property "). The following documents are enclosed: 1. NSP Purchase Money Promissory Note in the amount of $ 75,906.00 ( "Purchase Money Note "); 2. NSP Purchase Money Deed of Trust ( "Purchase Money Deed of Trust "); 3. Warranty Deed with Vendor's Lien; 4. Initial Escrow Account Disclosure Statement ( "Account Disclosure "); 5. Truth in Lending Disclosure Statement ( "Disclosure "); 6. Request for Taxpayer Identification Number and Certification "W -9 "; 7. Survey; 8. Survey and Title Letter; 9. Notice of Invalidity of Oral Agreements ( "Notice "); 10. Deletion of Arbitration; 11. Document Correction Agreement; 12. TDHCA Welcome Letter and First Payment Coupon; 13. Signature/Name Affidavit 14. Initial Loan Contact Information; 15. Affidavit of Occupancy; 16. Texas Mortgage Fraud Notice; 17. Release of Lien (If Applicable); 18. Full Release of Land Use Restrictive Agreement( "LURA ") OR Partial Release of Land Use Restrictive Agreement ( "LURA ") (If applicable). LOAN NO.: 77099991268b TDHCANSPCLOSELTRPMF Form - TDHCACI -5084 (Ver. 11 -2013) Page 1 of 4 ORIGINAL 19. UCC -3 Amendment to be filed in the UCC County or Real Estate Records (If Applicable); and 20. UCC -3 Amendment to be filed with the Texas Secretary of State (If Applicable). 21. Attorney Representation and Fee Letter 22. Collateral Insurance Protection Letter 23. Notice Regarding Flood Insurance Coverage 24. Disclosure to Seller 25. Hazard Insurance Authorization and Requirements 26. Flood Insurance Authorization 27. Mineral Rights Acknowledgment and Agreement 28. Servicing Disclosure Statement 29. Borrower Certification and Authorization 30. Borrower(s) Acceptance of Property Items No. 1 through 30 inclusive, together with the Settlement Statement, are hereinafter collectively referred to as the "Closing Documents ". Also enclosed for your use are an executed Release of Lien and UCC -3 Amendments (2), if applicable to release the Property from the lien created by a prior security instrument filed by Lender against the Property. You are hereby authorized and instructed to: A. Prior to Closing, email the proposed HUD I Settlement Statement to Connie Nunley at connie.nunleyna,tdhca.state.tx.us and contact her by phone at (512) 936 -9988 to obtain oral verification to proceed with the closing. B. Ensure that an initial escrow deposit in the amount of 504.78 is forwarded to Lender to be deposited into the Escrow Account. C. Ensure that Borrower provides evidence of completion of 8 hours of homebuyer counseling from a HUD - approved housing counseling agency before executing the Closing Documents. D. Ensure that Borrower brings a payment in an amount not less than $500.00 as down payment for the loan. E. Ensure that all Closing Documents are; (i) properly dated as of the date of closing, (ii) fully executed and acknowledged where applicable, (iii) all blanks are completed, and (iv) all exhibits are attached appropriately. F. Ensure that a vendor's lien is retained in the Warranty Deed in favor of TDHCA; G. Ensure that the Title Company is unconditionally committed to issue to TDHCA a Mortgagee's Title Policy of Insurance ( "Policy ") (from which the arbitration provision must be deleted and which must contain an environmental lien protection endorsement) in the amount of $ 75,906.00 in accordance with the Commitment and the following additional instructions: • Schedule A must reflect all TDHCA security documents. • Schedule A should reflect proposed insured and proposed borrower under their full legal name(s): CYNTHIA HAYNES • Schedule B item 2 must be modified to read "shortages in area ". LOAN NO.: 77099991268b TDHCANSPCLOSELTRPMF Form - TDHCACI.5084 (Ver. 11 -2013) Page 2 of 4 ORIGINAL • Schedule B Item No. 5 must read "Standby fees, taxes and assessments by any taxing authority for the year 2014 and subsequent years. Company insures that standby fees, taxes and assessments by any taxing authority for the year 2014 are not yet due and payable." • Schedule B Item No. 8 must be deleted. • Schedule C ALL Schedule C items must be satisfied, including any and all liens, so that such items are not exceptions on the Policy. • Additional Closing Conditions: Please see additional closing conditions following these instructions. H. Immediately following execution of the Closing Documents, please scan and email to Connie Nunley at connie.nunleyAtdhca.state.tx.us all Closing Documents and any other documents signed by the Borrower at closing. After receiving email confirmation that all scanned Closing Documents were received, overnight the original Note and the insurance policy to (512) 936 -9988 at the address listed above. I. When the Closing Documents have been approved, the initial disbursement in the amount shown on the settlement statement will be wire - transferred to Title Company's account and you will be authorized and directed to disburse the initial disbursement in accordance with the settlement statement previously approved by TDHCA. J. No additions and /or corrections are to be made to the Closing Documents without prior approval of the undersigned. Ensure that Borrower receives copies of all executed Closing Documents and an Application for Residential Homestead Tax Exemption; At such time as all of the Closing Documents have been fully executed, dated and acknowledged, as appropriate, and all blanks have been completed, you are authorized and instructed to comply with the following instructions: 1. If applicable, file the Release of Lien and the Full OR Partial Release of LURA and the County UCC -3 Amendment in the Official Public Records of Real Property of WALKER County, Texas. 2. File the State UCC -3 Amendment with the Office of the Secretary of State. 3. File the Deed of Trust and Warranty Deed in the Official Public Records of Real Property of WALKER County, Texas. 4. Within ninety (90) days after disbursement, deliver the original recorded Deed of Trust and the policy along with copies of the Warranty Deed with Vendor's Lien, recorded Release of Lien, recorded Release of LURA, and recorded UCC -2 Amendment(s) to the buyer. 5. If the title company receives the original recorded Warranty Deed, please deliver it to the Borrower. If the title company receives the original recorded release of lien, please deliver it to the Seller. Prior to Closing, please sign and return to the undersigned one copy of this letter acknowledging your agreement to comply with the foregoing instructions (for your convenience, a faxed copy to will be sufficient). You are not authorized to proceed with the closing until you have complied with the foregoing. LOAN NO.: 77099991268b TDHCANSPCLOSELTRPMF Forth - TDHCACI.5084 (Ver. 11 -2013) Page 3 of 4 ORIGINAL If you have any questions or desire any clarification of these instructions, please call Connie Nunley at (512) 936 -9988 . If you have any legal questions regarding the Closing Documents, please call me at (512) 936 -9988 Enclosures JUDY THORTON WALKER COUNTY TITLE , hereby acknowledges receipt of the above - listed documents and its agreement to comply with the terms of these instructions, except as limited by applicable laws and regulations, including Procedure Rule P -35 of the Texas Department of Insurance. Sincerely, Connie Nunley , as agent for JUDY THORTON , as agent for LOAN NO.: 77099991268b TDHCANSPCLOSELTRPMF Form - TDHCACI -5084 (Ver. 11 -2013) Page 4 of 4 ORIGINAL Debtor: CYNTHIA HAYNES Collateral: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Loan No: 77099991268b COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) This Notice is being provided to the Debtor pursuant to Chapter 307 of the Texas Finance Code. All terms used in this Notice that are defined in Chapter 307 shall have the same meaning in this Notice. The Debtor has entered into a credit transaction with the Creditor for which a credit agreement exists. The credit agreement requires the Debtor to maintain insurance on the Collateral. Debtor is hereby notified that: (A) the Debtor is required to: (i) keep the Collateral insured against damage in the amount equal to the Debtor's indebtedness to the Creditor; (ii) purchase the insurance from an insurer that is authorized to do business in this state or an eligible surplus lines insurer; and (iii) name the Creditor as the person to be paid under the policy in the event of a loss; (B) the Debtor must, if required by the Creditor, deliver to the Creditor a copy of the policy and proof of the payment of premiums; and (C) if the Debtor fails to meet any requirement listed in Paragraph (A) or (B), the Creditor may obtain collateral protection insurance on behalf of the Debtor at the Debtor's expense. Debtor hereby acknowledges receipt of this Notice at the time Debtor executed the credit agreement with Creditor. CY HIA HAYNES - Borrower - Borrower - Borrower COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) Fonn - TXCOLLAT -0378 (Ver. 11 -2012) ORIGINAL - Borrower TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099991268b NOTICE OF PENALTIES FOR MAKING FALSE OR MISLEADING WRITTEN STATEMENT Warning: Intentionally or knowingly making a materially false or misleading written statement to obtain property or credit, including a mortgage loan, is a violation of Section 32.32, Texas Penal Code, and, depending on the amount of the loan or value of the property, is punishable by imprisonment for a term of 2 years to 99 years and a fine not to exceed $10,000. I /We, the undersigned home loan applicant(s), represent that I /we have received, read, and understand this notice of penalties for making a materially false or misleading written statement to obtain a home loan. I /We represent that all statements and representations contained in my /our written home loan application, including statements or representations regarding my /our identity, employment, annual income, and intent to occupy the residential real property secured by the home loan, are true and correct as of the date of loan closing. I /We hereby acknowledge that at the closing of the loan that I /we received, read, and exe uted this written Notice. � c ilkti 411/ ron CY HIA HAYNES STATE OF TEXAS COUNTY OF WALKER �oyyh11.tul }6H:,o f,F This instrument `% before me on CYNTHIA HAYNES J°�J ",1PFY 'UB4n ;�' -• My commission etirks: s> • 4t OF w ,, . FXPIFES „ •' �yw,;;� .4141101/40‘s ' (Seal) Penalty Disclosure Fonn - TXFRAUDI -4701 (Ver. 011 -2012) ORIGINAL Not ' ublic, 1. to of TEXAS ) Urte^ Notary's Typed or Printed Name TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099991268b NOTICE OF PENALTIES FOR MAKING FALSE OR MISLEADING WRITTEN STATEMENT Warning: Intentionally or knowingly making a materially false or misleading written statement to obtain property or credit, including a mortgage loan, is a violation of Section 32.32, Texas Penal Code, and, depending on the amount of the loan or value of the property, is punishable by imprisonment for a term of 2 years to 99 years and a fine not to exceed $10,000. I /We, the undersigned home loan applicant(s), represent that I /we have received, read, and understand this notice of penalties for making a materially false or misleading written statement to obtain a home loan. I /We represent that all statements and representations contained in my /our written home loan application, including statements or representations regarding my /our identity, employment, annual income, and intent to occupy the residential real property secured by the home loan, are true and correct as of the date of loan closing. I /We hereby acknowledge that at the closing of the loan that I /we received, read, and ex uted this written otice. CYNTHIA HAYNES STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged ime on CYNTHIA HAYNES �,egv1 �'�i d. , La__ 2% 20/41), by y.f er My commission ex ' �� Not (Seal) Penalty Disclosure es: 1 - 4 s� 5 i �TFOF1F� Form - TXFRAUDI -4701 (Ver. 011 -2012) ORIGINAL 4,-/V tate, of TEXAS d or Printed Name HOLD HARMLESS AGREEMENT I hereby certify that I have received a copy of the following Inspection Report(s) on the property located at 117 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 Property Address Water System Roofing Septic System Plumbing Foundation/Settlement Code Compliance Termite Heating /Air Conditioning Conducive Conditions None Other I /we am /are aware of and accept the limitations, conditions and/or exceptions described in such Inspection Report(s). Uwe further acknowledge that Uwe am/are not relying on any representation or warranties, express or implied, of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (Lender) (Lender) and holder of the Note, as to the condition of the property or existence of any infestation thereon. Uwe do hereby save and hold Lender or holder of the Note harmless from any and all costs, damages and expenses that I /we may incur arising from or related to the condition of the property or from the existence of the aforementioned pests and do hereby release Lender and holder of the note from any liability arising in any manner therefrom. Should it become necessary to make repairs due to damage caused by the aforementioned conditions or pests, I /we hereby agree to repair or replace the improvements to maintain the value of the property set forth in the original appraisal. CYNTHIA HAYNES Date Borrower Date Borrower LOAN NO.: 770999912680 Date Borrower Hold Harmless Agreement Fonn - HARMLESS -0931 (Ver. /1 -2009) ORIGINAL Date Affidavit of Occupancy Borrower hereby certifies and acknowledges that home being purchased under the Texas Neighborhood Stabilization Program is same property described in Appraisal Report (appraisals must conform to the Uniform Relocation Act ( "URA ") requirements under 49 CFR 24.103) for 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 dated JUNE 26, 2014 . The Borrower(s) hereby certifies and acknowledges that the above reference property will be their primary residence and will be occupied within 30 days of closing the mortgage loan. •�'• !e 1 - Date Borrower Date CYNTHIA HAYNES Borrower Date Borrower Date ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF WALKER Before me, this instrument was signed and acknowledged on CYNTHIA HAYNES by (SEAL) LOAN NO.: 77099991268b TDHCANSPOCCUPAN Fonn - TDHCAOCC -1989 (Ver. 09 -2013) te of Texas LJ- [Typed / Printed Name] gam/ My Commission Expires: ORIGINAL Please give this letter to borrower at closing. JUNE 26, 2014 CYNTHIA HAYNES 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Re: Loan Number 77099991268b Dear CYNTHIA HAYNES The Texas Department of Housing and Community Affairs would like to welcome you as a new customer. Your first payment on your mortgage loan will be due AUGUST 01, 2014 . Please use the temporary coupon attached below when mailing your first payment. Your loan may include an escrow account, which is used to pay your taxes and insurance. Annually, we will analyze the escrow account, and your payment may be adjusted accordingly. If, for example, your property taxes increase, your payment may also increase. At the end of each year, the Department will send you an annual statement for your records. This information will also be transmitted to the Internal Revenue Service for income tax purposes. If you have any questions or concerns regarding your mortgage loan, please don't hesitate to contact us at the number listed below. We look forward to servicing your mortgage loan. Texas Department of Housing and Community Affairs If by mail: P.O. Box 13941, Austin, Texas 78711 -3941 If by overnight delivery service: 221 E. 11th Street, Austin, Texas 78701 Toll Free: 800.298.4013 FAX Number: 512.472.7500 CUT HERE FOR FIRST PAYMENT COUPON Mail to: Texas Department of Housing and Community Affairs P.O. Box 13245 -C3 Austin, Texas 78711 -3245 Loan Number: 77099991268b Payment Due Date: AUGUST 01, 2014 Borrower Name: CYNTHIA HAYNES Mortgage Loan Payment: Principal & Interest: 210.85 Escrow: 252.39 Total Payment: 463.24 TDHCANSPPAYLTR Fonn - TDHCAPCI -1203 (Ver. 11 -2013) SIGNATURE /NAME AFFIDAVIT Date: JUNE 26 , 2014 Borrower: CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099991268b THIS IS TO CERTIFY MY LEGAL SIGNATURE IS AS WRITTEN AND TYPED BELOW. (This signature must exactly match signatures on the Agreement/ CYNTHIA HAYNES (Print or Type Name) (If applicable, complete the following) I AM ALSO KNOWN AS: CYNTHIA HAYNES (Print or Type Name) Cynthia D Grayson (Print or Type Name) Qva-yson-Gyathia-Hey;ter4E (Print or Type Name) Cynthia Grayson (Print or Type Name) Cynthia D. Haynes (Print or Type Name) Si ote and i rt age or Deed ofjTrust.) trau <vcd ay (Print or Type Name) (Print or Type Name) (Print or Type Name) (Print or Type Name) STATE OF TrE'X,A� COUNTY OF FFrrF��'' JJ On personally appeared before me, Signature Signature Signature Signature SS d 05-7 A/1/417 2/0-.J (Notary Name and Tit1)) "7 CYNTHIA HAYNES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hl and and officiactkeal. Signat Signature / vit Form - CWSIGAF1 -1085 (Ver. 03 -2009) ORIGINAL `118tSIli6P;P5#ig,, N v rh -0 qs .- •d)(�RgqYpU600r `(Notarial Seal) • • /l - "YT OFT /:l •%� •'•.,F'fPIRES BORROWER'S ACCEPTANCE OF PROPERTY BORROWERS: CYNTHIA HAYNES PROPERTY ADDRESS: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 WE, THE UNDERSIGNED PURCHASERS OF THE ABOVE REFERENCED PROPERTY, DO HEREBY ACCEPT THE PROPERTY IN ITS AS IS CONDITION. ArdI � ;o ,Ii /I CY HIA HAYNES 19- 20 Date Borrower Date Borrower Date Borrower Date LOAN NO.: 77099991268b Borrower's Acceptance of Property Form - PROPACPT -6299 (Ver. 05 -2009) ORIGINAL NOTICE REGARDING FLOOD INSURANCE COVERAGE Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: JUNE 26, 2014 Loan No.: 77099991268b Borrower: CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 We may assign, sell, or transfer the servicing of your mortgage loan. Your new lender /servicer may require more flood insurance coverage than the minimum amount that has been identified in your Notice of Special Flood Hazards (NSFH). The new lender /servicer may require coverage in an amount greater than the minimum, and has the right to require flood coverage at least equal to 100% of the insurable value (also known as replacement cost value) of the building(s) used as collateral to secure the loan or the maximum available under the National Flood Insurance Program (NFIP) for the particular type of building. You should review your exposure to flood damage with your insurance provider, as you may wish to increase your coverage above the minimum amount required at the time of closing your loan versus what subsequently the new lender /servicer may require. tso o er CYNTHIA HAYNES Date Borrower Date Borrower Date Borrower Date Flood Insurance Notice Form - FLOODDIS4132 (Ver. 11 -2011) ORIGINAL TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TEXAS NEIGHBORHOOD STABILIZATION PROGRAM TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN SERVICING DEPARTMENT INITIAL LOAN CONTACT INFORMATION LOAN NUMBER: 77099991268b BORROWER NAME: CYNTHIA HAYNES PROPERTY ADDRESS: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 MAILING ADDRESS: HOME PHONE: WORK PHONE: CELL PHONE: NEAREST RELATIVE (not living with you) CONTACT NAME AND PHONE NUMBER: 1 4 Ob'\(3ie r TDHCANSPINITIALLNCONTACTINFO Fonn - TDHCAINF -5083 (Ver. 09-2013) DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows; "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." I request deletion of the Arbitration provision. Texas Department of Housing and Community affairs, a public and official agency of the State of Texas /40 By: Its: Duly Authorized Representative DATE: () ij t 9- 5-; r2 d Loan No.: 77099991268c TDHCADELARB Fonn - TDHCAARB -1423 (Ver. 09 -2013) ORIGINAL DISCLOSURE TO SELLER In representing the lender's interests in the loan transaction with the Borrower who is purchasing your property, Hay Darby PLLC, Attorney at Law has prepared a General Warranty Deed or other instruments whereby the secured property is conveyed by you, as Seller, to the Borrower. The Lender must be assured that good title to the secured property is conveyed to the Borrower and that a vendor's lien is properly retained in such instrument benefitting the Lender. Unless otherwise provided in your sales contract with the Borrower, you as Seller are obligated to pay at the time of closing, or on demand, the legal fees of Hay Darby PLLC, Attorney at Law for preparation of the General Warranty Deed or other conveyancing instrument. The charge for such services is set forth on the closing or settlement statement furnished by the closing agent. By signing below, you acknowledge (i) Hay Darby PLLC, Attorney at Law, has not represented your interests as Seller in preparation of such instrument and has not given you legal advice in any regard, including expressly legal advice regarding the contract to sell the secured property, the legal instruments, or the closing of the transaction, and (ii) that you may consult independent counsel or hire an attorney to represent and advise you with respect to these matters, and the consequences of this transaction for you. Date Seller Date Seller LOAN NO.: 77099991268c Date Seller Date Disclosure to Seller Fonn - HCSELDIS -6372 (Ver. 12 -2013) ORIGINAL Texas Neighborhood Stabilization Program (NSP) Homebuyer Assistance Deferred Forgivable Subordinate Lien Note ( "Note ") Date: JUNE 26, 2014 Borrower: CYNTHIA HAYNES Borrower's Mailing Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Lender's Mailing Address: 221 East 11th St., Austin, Travis County, Texas 78701 P.O. Box 13941, Austin, Travis County, Texas 78711 -3941 PROPERTY: 117 AVENUE D HUNTSVILLE [Property] [City] WALKER TEXAS 77320 [County] [State] [Zip] more specifically described as. LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF [Legal Description] hereinafter referred to as "Property." 1. BORROWER'S PROMISE TO PAY Borrower promises to pay U. S. FIFTEEN THOUSAND FIVE HUNDRED NINETY FOUR AND 00 /100 — — -- — — dollars ($ 15,594.00 ) ( "Principal Amount ") to the order of the Lender. Borrower understands that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. ANNUAL INTEREST RATE Zero percent (0 %) per annum ANNUAL INTEREST RATE ON MATURED, UNPAID AMOUNTS Ten percent (10.000 %) per annum LOAN NO.: 77099991268c TDHCANSPNOTEHBA Form - TDHCAN3 -6587 (Ver. 02 -2014) Initial < Page 1 of 5 ORIGINAL 3. PAYMENT TERMS; TIME AND PLACE OF PAYMENTS (A) Payment Terms; Time of Payments The loan repayment of the Principal Amount of this Note shall be due and payable in legal tender of the United States of America in Ten (10) equal annual installments of ONE THOUSAND FIVE HUNDRED FIFTY NINE AND 40/100- dollars ($ 1,559.40 ) each year beginning JULY 01, 2015 (the "First Anniversary "), and shall continue annually until JULY 01, 2024 , the expiration of Ten (10) years ( "Maturity Date "). At Maturity Date, the unpaid and un- forgiven amounts owing under this Note shall be due and payable in full. Each payment installment will be applied first to accrued interest, if any, and the remainder to reduction of the Principal Amount. After Maturity Date, Borrower promises to pay any unpaid principal balance plus interest at the Annual Interest Rate on Matured, Unpaid Amounts. (B) Deferral and Annual Forgiveness Provided that the Borrower complies with the terms of this Note, the NSP Subordinate Deed of Trust, and any and all other documents evidencing, securing or executed in connection with this Note, the amounts of Principal Amount due and payable under this Note shall be deferred and waived annually at a rate of Ten (10.000 %) of Principal, Amount per year beginning on the First Anniversary and continuing annually until Maturity Date. (C) Place of Payment Borrower will make payment(s) at P. O. Box 13941, Austin, Texas 78711 -3941 or at a different place if required by the Note Holder. (D) Due on Sale /Repayment If one of the following events should occur before said Maturity Date, the unpaid and unforgiven balance of this Note shall be immediately due and payable and Note Holder may invoke any remedies provided under the NSP Subordinate Deed of Trust securing this Note: (a) Due on Sale /Repayment Subsection (a) (b) either of the Superior Lien Note(s) is refinanced in whole or in part or is assumed by a new borrower without the consent of the Note Holder; or (c) either of the unpaid balance(s) of the Superior Lien Note(s) becomes due and payable in full for any reason (whether by acceleration or according to its terms, and including, without limitation, because any maker of the Superior Lien Note(s) is in default); or (d) all or any part of the Property, or any interest in it, is leased, transferred or conveyed without Note Holder's prior, written consent; or Borrower ceases to occupy the mortgaged property as his or her principal residence. (e) If the collateral is residential real property containing fewer than five dwelling units or a residential manufactured home occupied by Borrower, exceptions to this provision are limited to (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the property; (b) creation of a purchase money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- owner; (d) grant of a leasehold interest of three years or less without an option to purchase; (e) transfer to a spouse or children of owner or between co- owners; (f) transfer to a relative of owner or on owner's death; and (g) transfer to an inter vivos trust in which owner is and remains a beneficiary and occupant of the property. (E) Recapture Upon the sale of the mortgaged property, any unpaid or un- forgiven balance of the Note shall be due and payable in full from the available Net Proceeds from the sale of he m rtgaged property pursuant to LOAN NO.: 77099991268c TDHCANSPNOTEHBA Initials l Form - TDHCAN3 -6581 (Ver. 02 -2014) Page 2 of 5 ORIGINAL 24 CFR § 92.254. Net Proceeds of a sale are the sales price of Property minus the closing costs, any superior lien loan repayment and any other necessary transaction costs. If the Net Proceeds are insufficient to repay the outstanding balance of the Note in full and Borrower's investment (which includes any portion of initial down payment paid by Borrower combined with the value of any capital improvements made with Borrower's funds), the Borrower's investment is paid in full first from the available proceeds from the re -sale and the Note is repaid to the extent that proceeds are available, but only in the event the mortgaged property was sold for an amount not less than the current appraised value as then appraised by the appropriate governmental authority without the consent of Lender. If there are no Net Proceeds and the mortgage property was sold for an amount not less than the current appraised value as then appraised by the governmental authority, repayment of the Note is not required. 4. BORROWER'S RIGHT TO PREPAY Borrower has the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of the prepayments to reduce the amount of principal that Borrower owes under this Note. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES: NO USURIOUS INTENT If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. The Note Holder may choose to make this refund by reducing the principal owed under this Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default If Borrower does not make the full amount of the annual payment on the date said annual installment payment is due, Borrower will be in default. Additionally, Borrower will be in default under this NSP Deferred Subordinate Lien Note: (i) if Borrower fails to perform any obligation required of Borrower under the deed of trust securing this Note or takes any action prohibited under the deed of trust securing this Note, (ii) if any representations made by Borrower in connection with this loan was false in any material respect when made, or (iii) if any default occurs under the Superior Lien Note(s) described herein or under the deed of trust securing said Superior Lien Note(s). Any default under the NSP Subordinate Deed of Trust securing this Note shall be deemed to be a default under this Note. (B) Notice of Default If Borrower is in default, the Note Holder may send Borrower a written notice telling Borrower that if Borrower does not pay the overdue amount by a certain date, the Note Holder may require Borrower to pay immediately the full amount of principal which has not been paid. That date must be at least 30 days after the date on which the notice is delivered or mailed to Borrower. LOAN NO.: 77099991268c TDHCANSPNOTEHBA Initials g_f_ Foim - TDHCAN3 -6587 (Ver. 02 -2014) Page 3 of 5 ORIGINAL (C) No Waiver By Note Holder Even if, at a time when Borrower is in default, the Note Holder does not require Borrower to pay immediately in full as described above, the Note Holder will still have the right to do so if Borrower is in default at a later time. (D) Payment of Note Holder's Costs and Expenses If the Note Holder requires Borrower to pay immediately in full as described above, the Note Holder will have the right to be paid and reimbursed for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower gives the Note Holder a notice of the changed in address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3 above or at a different address if Borrower is given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. 9. SUBORDINATION TO SUPERIOR LIENS This is a subordinate lien note, subject and subordinate in all respects to the lien, terms, covenants and conditions of the Superior Lien Note(s) described herein and the deed of trust securing payment of said Superior Lien Note(s). Borrower understands that any default under the Superior Lien Note(s) described herein or the deed of trust securing it will be a default under this Note. The lien(s) securing this Note is /are subordinate to the lien securing another note in the original principal amount of $ 75,906.00 , dated JUNE 26, 2014 and executed by CYNTHIA HAYNES payable to the order of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") $ N/A , dated N/A N/A N/A payable to the order of N/A N/A and and executed by 10. WAIVERS Borrower and any other person who has obligations under this Note waive notice of intention except as provided in except as provided in Section 6 (C) above, and the rights of presentment dishonor. "Presentment" means the right to require the Note Holder to demand payment of "Notice of dishonor" means the right to require the Note Holder to give notice to other persons due have not been paid. LOAN NO.: 77099991268c Initials TDHCANSPNOTEHBA Form - TDHCAN3 -6587 (Ver. 02 -2014) Page 4 of 5 ORIGINAL to accelerate, and notice of amounts due. that amounts 11. SECURITY FOR PAYMENT This Note is secured by a vendor's lien granted in a deed to Borrower dated the same date as this Note and the liens and security interests granted in the NSP Subordinate Deed of Trust (the "Security Instrument "), dated of even date herewith, from Borrower to Timothy K. Irvine of Travis County, Texas Trustee, for the benefit of Lender, upon and against the Property. 12. GOVERNING LAW The laws of the State of Texas and applicable federal law shall govern this Note. If applicable federal law permits any charge, fee or other item that is contracted for, charged, taken, reserved or received under this Note which is not permitted or in excess of the amount permitted under Texas law, the applicable federal law shall control. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Bon der CYNTHIA HAYNES Date Borrower Date Borrower LOAN NO.: 77099991268c TDHCANSPNOTEHBA Form - TDHCAN3-6587 (Ver. 02 -2014) Date Borrower Date Page 5 of 5 ORIGINAL AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711 -3941 LOAN NO.: 77099991268c ESCROW NO.: 201404402 TITLE NO.: 201404402 Return to: WALKER COUNTY TITLE COMPANY 1109 UNIVERSITY AVENUE HUNTSVILLE TEXAS 77340 GF# '06/- --- v2-- [SPACE ABOVE THIS LINE FOR RECORDING DATA] — Texas Neighborhood Stabilization Program (NSP) Subordinate Lien Deed of Trust ( "Deed of Trust ") NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: JUNE 26, 2014 Grantor: CYNTHIA HAYNES, A SINGLE WOMAN Grantor Mailing Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Trustee: Timothy K. Irvine of Travis County, Texas Trustee's Mailing Address: P.O. Box 13491; Austin, Texas 78711 Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA "). Beneficiary's Mailing Address: 221 East 11th Street Austin, Travis County, Texas 78701 NSP Deferred Forgivable Subordinate Lien (Note): Date: Of even date herewith. Original principal amount: FIFTEEN THOUSAND FIVE HUNDRED NINETY FOUR AND 00 /100------- --- - -- Dollars ($ 15,594.00 ) Maker: CYNTHIA HAYNES Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA "). Maturity date: JULY 01, 2024 LOAN NO.: 77099991268c TDHCANSPDOTHBA Initials( �( Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 1 of 9 ORIGINAL Terms of Payment: As provided therein Property: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Prior Liens: Date: JUNE 26, 2014 Grantor: CYNTHIA HAYNES, A SINGLE WOMAN Trustee: Timothy K. Irvine of Travis County, Texas Amount: SEVENTY FIVE THOUSAND NINE HUNDRED SIX AND 00 /100 --- Dollars ($ 75,906.00 ) Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and N/A N/A N/A N/A N/A N/A Date: N/A Grantor: Trustee: N/A Amount: Beneficiary: ($ N/A Dollars N/A Recording Information: To be recorded in the Real Property Records of WALKER County, Texas. Other Exceptions to Conveyance and Warranty: 1. Visible and apparent easements on or across property which may not appear of record. 2. All coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto. 3. Restrictions, covenants, easements and outstanding mineral reservations, rights to royalties, if any shown of record in the hereinabove mentioned county and state, all to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any. 4. Ownership of all oil, gas and other minerals; and rights of all pales claiming by, through or under said mineral owner(s). LOAN NO.: 77099991268c TDHCANSPDOTHBA Fonn - TDHCAD3.6649 (Ver. 10 -2013) Initial Page 2 of 9 ORIGINAL For value received and to secure payment of Note, Grantor conveys the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty. On payment of Note and all other amounts secured by this Deed of Trust, this Deed of Trust will have no further effect, and Beneficiary will release it at Grantor's expense. A. Grantor's Obligations Grantor agrees to: 1. keep the Property in good repair and condition; 2. pay all taxes and assessments on the Property before delinquency; 3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the lien's priority as it is established in this Deed of Trust; 4. maintain, in a form acceptable to Beneficiary, an insurance policy that: a. covers all improvements for their full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a smaller amount in writing; b. provides fire and extended coverage, including windstorm coverage; c. protects Beneficiary with a standard mortgage clause; d. provides flood insurance at any time the Property is in a flood hazard area; and e. contains such other coverage as Beneficiary may reasonably require. 5. deliver the insurance policy to Beneficiary within ten days of the date of this Deed of Trust and deliver renewals to Beneficiary at least fifteen days before expiration; 6. obey all laws, ordinances, and restrictive covenants applicable to the Property; 7. keep any buildings occupied as required by the insurance policy; and 8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all prior lien notes and abide by or cause to be abided by all prior lien instruments. B. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all the rights and liens of the holders of any debt so paid. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce Note or to repair or replace damaged or destroyed improvements covered by the policy. If the Property is Grantor's primary residence and Beneficiary reasonably determines that repairs to the improvements are economically feasible, Beneficiary will make the insurance proceeds available to Grantor for repairs. 4. Notwithstanding note terms to the contrary, and unless applicable law prohibits, all payments received by Beneficiary from Grantor under Note or this Deed of Trust may, at Beneficiary's discretion, be applied first to amounts payable under this Deed of Trust and then to amounts due and payable to Beneficiary under Note, to be applied to late charges, principal, or interest in the order Beneficiary in its discretion determines. 5. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand for any amounts so paid, including attorney's fees, plus interest on those amounts from the dates of payment at the rate stated in Note for matured, unpaid amounts. The amount to be reimbursed will be secured by this Deed of Trust. 6. If there is a default on Note or if Grantor fails to perform any of Grantor's obligations and the default continues after any required notice of the default and the time allowed to cure, Beneficiary may: a. declare the unpaid principal balance and earned interest on Note immediately due; b. direct Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent will cause notice of the foreclosure sale to be given as provided by the Texas Property Code as then in effect; and LOAN NO.: 77099991268c TDHCANSPDOTHBA Form - TDHCAD3.6649 (Ver. 10 -2013) Initials Page 3 of 9 ORIGINAL c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited on Note. 7. Beneficiary may remedy any default without waiving it and may waive any default without waiving any prior or subsequent default. C. Trustee's Duties If directed by Beneficiary to foreclose this lien, Trustee will: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then in effect; 2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash with a general warranty binding Grantor, subject to the Prior Lien and to the Other Exceptions to Conveyance and Warranty and without representation or warranty, express or implied, by Trustee; 3. from the proceeds of the sale, pay, in this order: a. expenses of foreclosure, including a reasonable commission to Trustee; b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance; and 4. be indemnified by Beneficiary against all costs, expenses, and liabilities incurred by Trustee for acting in the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other costs, including attorney's fees, incurred by Trustee in defense of any action or proceeding taken against Trustee in that capacity. D. General Provisions 1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any trustee's deed conveying the Property will be presumed to be true. 3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien will remain superior to liens later created even if the time of payment of all or part of Note is extended or part of the Property is released. 5. Application of Payments. If any portion of Note cannot be lawfully secured by this Deed of Trust, payments will be applied first to discharge that portion. Unless applicable law provides otherwise, payments will be applied next, to principal due; third, to interest due; and last, to any late charges due under the Note. 6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be exercised by successors in interest of all parties. 7. Hazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property in accordance with paragraph 9. Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the annual payments referred to in Note. If under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust LOAN Ni81.1nedii.AMIJArigwo the acquisition. TDHCANSPDOTHBA Initials Form - TDHCAD3.6649 (Ver. 10 -201?) Page 4 of 9 ORIGINAL 8. Usury; Interest. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions in this and all other instruments concerning the debt. 9. Protection of Beneficiary's Rights in the Property. If Grantor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take action under this paragraph 9, Beneficiary does not have to do so. Any amounts disbursed by Beneficiary under this paragraph 9 shall become additional debt of Grantor secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Beneficiary to Grantor requesting payment. 10. Mortgage Insurance. If Beneficiary required mortgage insurance as a condition of making the loan secured by this Security Instrument, Grantor shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Beneficiary lapses or ceases to be in effect, Grantor shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Grantor of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Beneficiary. If substantially equivalent mortgage insurance is not available, Grantor shall pay to Beneficiary each month a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Grantor when the insurance coverage lapsed or ceased to be in effect. Beneficiary will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Beneficiary, if mortgage insurance coverage (in the amount and for the period that Beneficiary requires) provided by an insurer approved by Beneficiary again becomes available and is obtained. Grantor shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Grantor and Beneficiary or applicable law. 11. Inspection. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 12. Condemnation. Grantor assigns to Beneficiary all amounts payable to or received by Grantor from condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the Property. After deducting any expenses incurred, including attorney's fees and court and other costs, Beneficiary will either release any remaining amounts to Grantor or apply such amounts to reduce Note. Beneficiary will not be liable for failure to collect or to exercise diligence in collecting any such amounts. Grantor will immediately give Beneficiary notice of any actual or threatened proceedings for condemnation of all or part of the Property. 13. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any part of the Property have been advanced by Beneficiary at Grantor's request and upon Grantor's LOAN NO.: 77099991268c TDHCANSPDOTHBA Initials Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 5 of 9 ORIGINAL representation that such amounts are due and are secured by valid liens against the Property. Beneficiary shall be subrogated to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless of whether said liens or debts are acquired by Beneficiary by assignment or are released by the holder thereof upon payment. 14. Purchase Money; Vendor's Lien. Grantor represents that this Deed of Trust and Note are given for the following purposes: The funds advanced to Maker under Note are used to pay closing cost and part of the purchase price of the Property. Note also are primarily secured by a subordinate vendor's lien retained in the deed of even date with this Deed of Trust executed by CITY OF HUNTSVILLE conveying the Property to Maker, which subordinate vendor's lien has been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien. The subordinate vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the subordinate vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative. Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose under both 15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF THE BALANCE OF ALL PRINCIPAL AND INTEREST REMAINING DUE THEREON. If the Property is residential, real property containing fewer than five (5) dwelling units or a manufactured home occupied by Grantor, exceptions to this provision are limited to: (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b) creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- Grantor; (d) grant of a leasehold interest of three years or less without an option to purchase; (3) transfer to a spouse or children of Grantor or between co- Grantors; (f) transfer to a relative of Grantor on Grantor's death; and (g) transfer to an inter vivos trust in which Grantor is and remains a beneficiary and occupant of the Property. The restriction on the transfer of Property will automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure, or if the mortgage is assigned to the Secretary of the U. S. Department of Housing and Urban Development in accordance with 24 C.F.R. §203.41. 16. Loan Not a Home Equity Loan. The Loan evidenced by Note is not an extension of credit as defined by Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as Maker's residence, then Maker agrees that Maker will receive no cash from the Loan evidenced by Note and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete construction, or renew and extend a prior lien against the Property, will be used to reduce the balance evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's option. Maker agrees to execute any documentation necessary to comply with this Section. 17. Occupancy, Preservation, Maintenance and Protection of the Property. GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR BELOW Due on Sale /Repayment Subsection (a) OF AREA MEDIAN INCOME, AND WILL CONTINUE TO USE THE PROPERTY AS THEIR PRINCIPAL RESIDENCE. IF GRANTOR CEASES TO OCCUPY THE PROPERTY AS THEIR PRINCIPAL RESIDENCE, THE LOAN NO.: 77099991268c TDHCANSPDOTHBA Initials Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 6 of 9 ORIGINAL BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF THE UNPAID AND /OR UNFORGIVEN BALANCE OF ALL PRINCIPAL AND INTEREST, IF ANY, REMAINING DUE THEREON. HOWEVER, THIS ELECTION SHALL NOT BE EXERCISED BY BENEFICIARY IF PROHIBITED BY FEDERAL LAW. Grantor shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Grantor shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Beneficiary's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Deed of Trust or Beneficiary's security interest. Grantor may cure such a default and reinstate, as provided under part B, "Beneficiary's Rights" and part C, "Trustees Rights ", by causing the action or proceeding to be dismissed with a ruling that, in Beneficiary's good faith determination, precludes forfeiture of the Grantor's interest in the Property or other material impairment of the lien created by this Deed of Trust or Beneficiary's security interest. Grantor shall also be in default if Grantor, during the loan application process, gave materially false or inaccurate information or statements to Beneficiary (or failed to provide Beneficiary with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Grantor' occupancy of the Property as a principal residence. 18. Hazardous Substances. Grantor shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Grantor shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Grantor shall promptly give Beneficiary written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Grantor has actual knowledge. If Grantor learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Grantor shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 19. Waiver of Notice of Intention to Accelerate. Grantor waives the right to notice of intention to require immediate payment in full of all sums secured by this Deed of Trust and the right to notice of acceleration, except in either case as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." 20. Substitute Trustee. Beneficiary, at its option and with or without cause, may from time to time remove Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall have the right to have enforcement of this Deed of Trust discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Deed of Trust; or (b) entry of a judgment enforcing this Deed of Trust. Those conditions are that Grantor: (a) pays Beneficiary all sums which then would be due under this Deed of Trust and the Note as if no acceleration had occurred; (b) cures any default of any other LOAN NO.: 77099991268c TDHCANSPDOTHBA Initials Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 7 of 9 ORIGINAL covenants or agreements; (c) pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's rights in the Property and Grantor's obligation to pay the sums secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of Trust and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." 22. Release. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall release this Deed of Trust without charge to Grantor. Grantor shall pay any recordation costs. 23. Severability. If any provision of this Deed of Trust is determined to be invalid or unenforceable, the validity or enforceability of any other provision will not be affected. 24. Partial Invalidity. In the event any portion of the sums intended to be secured by this Deed of Trust cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those portions not secured hereby. 25. The term Note includes all extensions and renewals of Note and all sums secured by this Deed of Trust. 26. When the context requires, singular nouns and pronouns include the plural. 27. If Grantor and Maker are not the same person, the term Grantor shall include Maker. 28. Second Lien. Notwithstanding any provision of this Deed of Trust to the contrary, the lien and security interest created hereby are expressly subordinate and inferior to the lien created by the Prior Lien. Upon the event of foreclosure or deed in lieu of foreclosure of the Prior Lien, any provisions herein, or any provisions in any other collateral agreement, restricting the use of the Property to low or moderate income households or otherwise restricting the Grantor's ability to sell the Property shall have no effect on subsequent owners or purchasers of the Property (other than the Grantor or a related entity of Grantor). Prior to taking any actions under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", Beneficiary shall notify the lienholder of the Prior Lien of the default, and shall provide the lienholder of the Prior Lien with the opportunity to cure any such default under this Deed of Trust. 29. Repayment Deferrals, Reductions and Forgiveness. Note provide for certain potential deferrals, principal reductions, forgiveness or other payment terms. Note also provide that full debt, if not paid or forgiven earlier, shall be due and payable on the sale of the Property (subject to paragraphs 15 and 17), refinance of any superior lien or acceleration of any superior lien note. 30. "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Balloon Rider ❑ 1 -4 Family Rider ❑ Other(s) [specify]: ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider LOAN NO.: 77099991268c TDHCANSPDOTHBA Initials Form - TDHCAD3 -6649 ({er. 10 -2013) Page 8 of 9 ORIGINAL ❑ Second Home Rider ❑ Assumption Rider ❑ Inter Vivos Trust Rider GRANTOR: /V :o er/ 7' ' Date CY HIA HAYNES Borrower State of TEXAS County of WALKER Date Borrower Date Borrower Date [Space Below This Line For Acknowledgment] § Before me, a Notary Public, on this day personally appeared CYNTHIA HAYNES known to me (or proved to me on the oath of or through [description of identity card or other document] 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 kSAllNlgliU i4 cf? (Seal) r •• y '•• F aril My Commission �i i44 r�)IE ; • • • . `� ° /F1,1a1; BIVgI of ''''v� PREPARED BY: JOHN HAY HAY DARBY PLLC, ATTORNEYS AT LAW 402 WEST 7TH STREET AUSTIN, TEXAS 78701 LOAN NO.: 77099991268c TDHCANSPDOTHBA Form - TDHCAD3 -6649 (Ver. 10 -2013) day of AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711 -3941 Return Record Attention: Connie Nunley Page 9 of 9 ORIGINAL METES AND BOUNDS DESCRIPTION of Lot 5 of Vann- Johnson Subdivision, Iuntsville, Texas Being a 0.196. of an acre (8,559 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 5 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker Cotinty, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.196 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 -inch iron rod with cap in the westerly line of that certain called 50' Road. as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the northeasterly corner of Lot 4 of said Vaiun- Johnson Subdivision, sane being the southeasterly corner of said Lot 5, and being in the easterly line of said 1.17 acre tract; THENCE, South 87 °24'13" West, a distance of 150.16 feet, along the northerly line of said Lot 4, being the southerly line of said Lot 5 to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.62 acre tract of land conveyed to Abe Johnson by deed and recorded in Volume 96, Page 192 of said Deed Records, being the northwesterly corner of said Lot 4, some being the southwesterly comer of said Lot 5, and being in the westerly line of said 1.17 acre tract; THENCE, North 02 °35'47" West, a distance of 57.00 feet, along the easterly line of said 0.62 acre tract, being the westerly line of said Lot 5 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of Lot 6 of said Vann - Johnson Subdivision, being the northwesterly corner of said Lot 5; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 6, being the northerly line of said Lot 5 to a found 5/8 -inch iron rod with cap in the westerly line of said 50' Road, being the southeasterly corner of said Lot 6, same being the northeasterly corner of said Lot 5, and being in the easterly line of said 1.17 acre tract; THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 5 and said 1.17 acre tract to the Point of Beginning and containing 0.196 of an acre of land. Horizontal Control is based on holding City of' Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780.255). Bearings described are related to the Texas Coordinate System of.1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolntions, LLC 25814 Butlde Road Spring, Texas Tel. 281- 681 -9766 Job No. 11- 249 -027 EXHIBIT "S.' PAGE LEGEND • FOUND MONUMENTTION (TYPE NOTED) ID METER BOX —P— POWER LINES — //— FENCE /// EDGE OF ASPHALT z 0 N VW Ut O-K "V CALLED 0.62 ACRES ABE JOHNSON VOL. 96, PACE 192 D. R Tfr. C. T. i ct, D.R.W.C.T. 0.P.R.W.C.T. P.R.W.C.T. CLEAN OUT POWER POLE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY, TEXAS PLAT RECORDS WALKER COUNTY, TEXAS CALLED 0.032 ACRES CAL JOHNSON VOL. 977, P. 120 0.P.R.W.C.T. FND.5 /B "I.R. W /CAP LOT LINE N87'24'13 "E 150.16' P LOT 6 p 0 15 30 SCALE: 1" = 30' 10' B.L PEI? PLAT 3'X3' 10' fi.L. PER PLAT STEES— — LOT5 I 0.196 ACRES • 1 (8,559 SQ. FT.) AI'[1 I FND 5 8 "I.R. tD 66 —L PER —PLAT W /CAP LOT LINE E 0 m b 0. 49.0' 1 -STORY BRICK BUILDING 60 ALLED 50' ROAD PT, RESIDUE CI S BROS. 4 CO. (ADIC ES TRACT No. 9) VOL. V5, PAGE 161 f11R. W.C. T. SER CE PO_I. EI 587'24-'13-W 150.16' 10 6.L PER PLAT LOT 4 VANN - JOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. SURVEYOR'S CER11FICATE I hereby certify to The City of Huntsville that this survey wos made on the ground and completed on November 9, 2012 thot this drawing correctly represents the facts found at the time of survey and thot this professional service Substontialiy conforms to the current Texas Society of Professional Surveyors Standards and Specifications for o Category 18. Condition II Survey. i 7 Stephen M. Chruszczok R.P.LS. No. 5937 NOTES: 1. This survey wos performed without the benefit of a Title Commitment. 2. Horizontal Control Is bosed on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262.485.31 & East= 3.802.009.473) and 7575 (grid coordinote of North = 10,262,526.24 & East= 3,801.780.255). Bearings described are related to the Texas Coordinate System of 1983, Centrol Zone. Distonces shown are US Survey Feet in 'Field Horizontal' units and may be converted to "GRID" unite by multiplying by a combined scale foctor of 0.99988. 3. Squore footoge totals shown hereon are bosed on mothemat al closures and do not necessarily represent the positional occurac the boundary monumentotion. IJFND. 5/$ :71/2,1 W /CAP ASBUILT SURVEY OF LOT 5 OF VANN- JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS 25814 Budde Rood Spring, Texas 77380 Phone:281- 681 -9766 Fox:281 -681 -9779 ar■.,lna s% KC 'ant.; 11/12/12 cnaawoe ey SC re.: N/A aro.Na Nana LOT5— ASG.OWO Prol.cl Na. 11 -249 -027 1 =30' Allan /xN Ho. JUNE 26, 2014 VIA OVERNIGHT DELIVERY JUDY THORTON WALKER COUNTY TITLE 1109 UNIVERSITY AVENUE HUNTSVILLE, TX 77340 Re: NSP Homebuyer Assistance Loan in the amount of $ 15,594.00 from Texas Department of Housing and Community Affairs ( "TDHCA ") to CYNTHIA HAYNES ( "Loan ") under the Neighborhood Stabilization Program ( "NSP ") Dear ( "Borrower ") JUDY THORTON , as agent for WALKER COUNTY TITLE ( "Title Company "), issued a Commitment of Title Insurance ( "Commitment "), bearing G.F. No. 201404402 effective on JUNE 26, 2014 , issued in connection with and is the subject of the above referenced Loan involving real property ( "Property"). The following documents are enclosed: 1. NSP Deferred Forgivable Subordinate Lien Note (HBA) in the amount of $ 2. NSP Subordinate Deed of Trust ( "Deed of Trust "); 3. Warranty Deed with Vendors Lien; 4. Truth in Lending Disclosure Statement ( "Disclosure "); 5. Request for Taxpayer Identification Number and Certification "W -9 "; 6. Survey; 7. Survey and Title Letter; 8. Notice of Invalidity of Oral Agreements ( "Notice "); 9. Deletion of Arbitration; 10. Document Correction Agreement; 11. TDHCA Welcome Letter and First Payment Coupon; 12. Signature/Name Affidavit; 13. Due on Sale /Affordability Disclosure 14. Initial Loan Contact Information; 15. Affidavit of Occupancy; 16. Texas Mortgage Fraud Notice; 17. Release of Lien (executed) (If Applicable); 18. Full Release of Land Use Restrictive Agreement(LURA) OR Partial Release of Land Use Restrictive Agreement ( "LURA ") (If applicable). LOAN NO.: 77099991268c TDHCANSPCLOSELTRHBA 15,594.00 ( "Note "); Form - TDHCAC3 -5086 (Ver. 11 -2013) Page 1 of 4 ORIGINAL 19. UCC -3 Amendment to be filed in the UCC County or Real Estate Records (If Applicable); and 20. UCC -3 Amendment to be filed with the Texas Secretary of State (If Applicable). 21. Attorney Representation and Fee Letter 22. Collateral Insurance Protection Letter 23. Notice Regarding Flood Insurance Coverage 24. Disclosure to Seller (if applicable) 25. Hazard Insurance Authorization and Requirements 26. Flood Insurance Authorization 27. Mineral Rights Acknowledgment and Agreement 28. Servicing Disclosure Statement 29. Borrower Certification and Authorization 30. Borrower(s) Acceptance of Property (if applicable) Items No. 1 through 30 inclusive, together with the Settlement Statement, are hereinafter collectively referred to as the "Closing Documents ". Also enclosed for your use are an executed Release of Lien and UCC -3 Amendments (2), if applicable to release the Property from the lien created by a prior security instrument filed by Lender against the Property. You are hereby authorized and instructed to: A. Prior to Closing, email the proposed HUD I Settlement Statement to Connie Nunley at connie .nunley(a,tdhca.state.tx.us and contact her by phone at (512) 936 -9988 to obtain oral verification to proceed with the closing. B. Ensure that Borrower has obtained property and casualty (hazard) insurance in the amount of the Loan showing TDHCA as loss payee. C. Ensure that Borrower provides evidence of completion of 8 hours of homebuyer counseling from a HUD - approved housing counseling agency before executing the Closing Documents. D. Ensure that Borrower brings a payment in an amount not less than $500.00 as down payment for the loan. E. Ensure that all Closing Documents are; (i) properly dated as of the date of closing, (ii) fully executed and acknowledged where applicable, (iii) all blanks are completed, and (iv) all exhibits are attached appropriately. F. Ensure that a vendor's lien is retained in the Warranty Deed in favor of TDHCA; G. The first lien loan amount is subject to 2% limitation on fees. H. Immediately following execution of the Closing Documents, please scan and email to Connie Nunley at connie .nunleyna,tdhca.state.tx.us all Closing Documents and any other documents signed by the Borrower at closing. After receiving email confirmation that all scanned Closing Documents were received, overnight the original Note and the insurance policy to (512) 936 -9988 at the address listed above. • Schedule A must reflect all TDHCA security documents. LOAN NO.: 77099991268c TDHCANSPCLOSELTRHBA Form - TDHCAC3.5086 (Ver. 11 -2013) Page 2 of 4 ORIGINAL • Schedule A should reflect proposed insured and proposed borrower under their full legal name(s): CYNTHIA HAYNES • Schedule B item 2 must be modified to read "shortages in area ". • Schedule B Item No. 5 must read "Standby fees, taxes and assessments by any taxing authority for the year 2014 and subsequent years. Company insures that standby fees, taxes and assessments by any taxing authority for the year 2014 are not yet due and payable." • Schedule B Item No. 8 must be deleted. • Schedule C ALL Schedule C items must be satisfied, including any and all liens, so that such items are not exceptions on the Policy. • Additional Closing Conditions: Please see additional closing conditions following these instructions. I. Immediately following execution of the Closing Documents, please forward to the undersigned at the above address: The originals of the Note, Invalidity Notice, Insurance policy, Certified copies of all other Closing Documents and, Any other documents signed by the Borrower at closing. J. When the Closing Documents have been approved, the initial disbursement in the amount shown on the settlement statement will be wire - transferred to Title Company's account and you will be authorized and directed to disburse the initial disbursement in accordance with the settlement statement previously approved by TDHCA. K. No additions and /or corrections are to be made to the Closing Documents without prior approval of the undersigned. Ensure that Borrower receives copies of all executed Closing Documents and an Application for Residential Homestead Tax Exemption; At such time as all of the Closing Documents have been fully executed, dated and acknowledged, as appropriate, and all blanks have been completed, you are authorized and instructed to comply with the following instructions: 1. If applicable, file the Release of Lien and the Full OR Partial Release of LURA and the County UCC -3 Amendment in the Official Public Records of Real Property of WALKER County, Texas. 2. Next, file the State UCC -3 Amendment with the Office of the Secretary of State. 3. Lastly, file the Warranty Deed and then the Deed of Trust in the Official Public Records of Real Property of WALKER County, Texas. 4. Within ninety (90) days after disbursement, deliver the original recorded Deed of Trust and the policy along with copies of the Warranty Deed with Vendor's Lien, recorded Release of Lien, recorded Release of LURA, and recorded UCC -2 Amendment(s) to the undersigned as applicable. 5. If the title company receives the original recorded Warranty Deed, please deliver it to the Borrower. If the title company receives the original recorded release of lien, please deliver it to the Borrower. 6. If the title company receives the original recorded Release of Lien, please deliver it to the Seller. Prior to Closing, please sign and return to the undersigned one copy of this letter acknowledging your agreement to comply with the foregoing instructions (for your convenience, a faxed copy to will be sufficient). You are not authorized to proceed with the closing until you have complied with the foregoing. LOAN NO.: 77099991268c TDHCANSPCLOSELTRHBA Form - TDHCAC3 -5086 (Ver. 11 -2013) Page 3 of 4 ORIGINAL If you have any questions or desire any clarification of these instructions, please call Connie Nunley at (512) 936 -9988 If you have any legal questions regarding the Closing Documents, please call me at (512) 936 -9988 Sincerely, Connie Nunley Enclosures JUDY THORTON , as agent for WALKER COUNTY TITLE hereby acknowledges receipt of the above - listed documents and its agreement to comply with the terms of these instructions, except as limited by applicable laws and regulations, including Procedure Rule P -35 of the Texas Department of Insurance. JUDY THORTON , as agent for WALKER COUNTY TITLE Date: I — G-'(G'— 2A01) � By: Name: J Y TH TON Title: LOAN NO.: 77099991268c TDHCANSPCLOSELTRHBA Fonn - TDHCAC3 -5086 (Ver. 11- 2013) Page 4 of 4 ORIGINAL AMORTIZATION SCHEDULE BORROWER: Cynthia Haynes LOAN NUMBER: 77099991268c LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN AMOUNT: $15,594.00 Payment Date P & I Payment Princiapl Balance 7/1/2015 $1,559.40 $1,559.40 $14,034.60 7/1/2016 $1,559.40 $1,559.40 $12,475.20 7/1/2017 $1,559.40 $1,559.40 $10,915.80 7/1/2018 $1,559.40 $1,559.40 $9,356.40 7/1/2019 $1,559.40 $1,559.40 $7,797.00 7/1/2020 $1,559.40 $1,559.40 $6,237.60 7/1/2021 $1,559.40 $1,559.40 $4,678.20 7/1/2022 $1,559.40 $1,559.40 $3,118.80 7/1/2023 $1,559.40 $1,559.40 $1,559.40 7/1/2024 $1,559.40 $1,559.40 $0.00 END OF AMORTIZATION SCHEDULE Debtor: CYNTHIA HAYNES Collateral: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Loan No: 77099991268c COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) This Notice is being provided to the Debtor pursuant to Chapter 307 of the Texas Finance Code. All terms used in this Notice that are defined in Chapter 307 shall have the same meaning in this Notice. The Debtor has entered into a credit transaction with the Creditor for which a credit agreement exists. The credit agreement requires the Debtor to maintain insurance on the Collateral. Debtor is hereby notified that: (A) the Debtor is required to: (i) keep the Collateral insured against damage in the amount equal to the Debtor's indebtedness to the Creditor; (ii) purchase the insurance from an insurer that is authorized to do business in this state or an eligible surplus lines insurer; and (iii) name the Creditor as the person to be paid under the policy in the event of a loss; (B) the Debtor must, if required by the Creditor, deliver to the Creditor a copy of the policy and proof of the payment of premiums; and (C) if the Debtor fails to meet any requirement listed in Paragraph (A) or (B), the Creditor may obtain collateral protection insurance on behalf of the Debtor at the Debtor's expense. Debtor hereby acknowledges receipt of this Notice at the time Debtor executed the credit agreement with Creditor. CYNTHIA HAYNES tfr}94 - Borrower - Borrower - Borrower COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) Fonn - TXCOLLAT -0378 (Ver. 11 -2012) ORIGINAL - Borrower TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099991268c NOTICE OF PENALTIES FOR MAKING FALSE OR MISLEADING WRITTEN STATEMENT Warning: Intentionally or knowingly making a materially false or misleading written statement to obtain property or credit, including a mortgage loan, is a violation of Section 32.32, Texas Penal Code, and, depending on the amount of the loan or value of the property, is punishable by imprisonment for a term of 2 years to 99 years and a fine not to exceed $10,000. I /We, the undersigned home loan applicant(s), represent that I /we have received, read, and understand this notice of penalties for making a materially false or misleading written statement to obtain a home loan. I /We represent that all statements and representations contained in my /our written home loan application, including statements or representations regarding my /our identity, employment, annual income, and intent to occupy the residential real property secured by the home loan, are true and correct as of the date of loan closing. I /We hereby acknowledge that at the closing of the loan that I /we received, read, and executed this written Notice. Offal CYNTHIA HAYNES 06u STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on CYNTHIA HAYNES My commission expires: (Seal) Penalty Disclosure ° ;A> ° ° Form - TXFRAUD1 -4701 (Ver. 011 - 2012)' ••'•., fXPtRE`;.•• e °� OM* 1814 -n01A ,$•\� 2 ,e9/11 ,by 111 N, ry Publ. •, State of TEXAS Notary's Ty f ed or Printed Name TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099991268c NOTICE OF PENALTIES FOR MAKING FALSE OR MISLEADING WRITTEN STATEMENT Warning: Intentionally or knowingly making a materially false or misleading written statement to obtain property or credit, including a mortgage loan, is a violation of Section 32.32, Texas Penal Code, and, depending on the amount of the loan or value of the property, is punishable by imprisonment for a term of 2 years to 99 years and a fine not to exceed $10,000. I /We, the undersigned home loan applicant(s), represent that I /we have received, read, and understand this notice of penalties for making a materially false or misleading written statement to obtain a home loan. I /We represent that all statements and representations contained in my /our written home loan application, including statements or representations regarding my /our identity, employment, annual income, and intent to occupy the residential real property secured by the home loan, are true and correct as of the date of loan closing. I /We hereby acknowledge that at the closing of the loan that I /we received, read, and executed this written Notice. t'4 ��„ CYNT IA HAYNES STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on CYNTHIA HAYNl1lt!!ddddd,� �,,,N t {p+^w[, i ;0„ err. „,iy 4h Hill 7 r- My co > iissitin�eVxpi es:4 <', , °,.;. u l 9l (%ea}, F. T EO � : � : e,� 6 RE ; , .'' $: Penalty Discl6� 2014 ,,., For n - TXFRAUDI -4701 (� eorr ► 01101) ORIGINAL >� , Zal‘, by L./L P lic, State of TEXAS /!/ Notary's Ty,5ed or Printed Name HOLD HARMLESS AGREEMENT I hereby certify that I have received a copy of the following Inspection Report(s) on the property located at 117 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 Property Address Water System Roofing Septic System Plumbing Foundation/Settlement Code Compliance Termite Heating/Air Conditioning Conducive Conditions None Other I /we am/are aware of and accept the limitations, conditions and/or exceptions described in such Inspection Report(s). Uwe further acknowledge that Uwe am/are not relying on any representation or warranties, express or implied, of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (Lender) (Lender) and holder of the Note, as to the condition of the property or existence of any infestation thereon. Uwe do hereby save and hold Lender or holder of the Note harmless from any and all costs, damages and expenses that Uwe may incur arising from or related to the condition of the property or from the existence of the aforementioned pests and do hereby release Lender and holder of the note from any liability arising in any manner therefrom. Should it become necessary to make repairs due to damage caused by the aforementioned conditions or pests, I /we hereby agree to repair or replace the improvements to maintain the value of the property set forth in the original appraisal. B. '. 'er (� -, 'C " Date Borrower Date CYNTHIA HAYNES Borrower LOAN NO.: 77099991268c Date Borrower Hold Harmless Agreement Fonn - HARMLES5-4931 (Ver. 11 -2009) ORIGINAL Date Affidavit of Occupancy Borrower hereby certifies and acknowledges that home being purchased under the Texas Neighborhood Stabilization Program is same property described in Appraisal Report (appraisals must conform to the Uniform Relocation Act ( "URA ") requirements under 49 CFR 24.103) for 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 dated JUNE 26, 2014 . The Borrower(s) hereby certifies and acknowledges that the above reference property will be their primary residence and will be occupied within 30 days of closing the mortgage loan. :o o ' / CY HIA HAYNES INA A, //4 i! Date Borrower Date Borrower Date Borrower Date ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF WALKER Before me, this instrument was signed and acknowledged o CYNTHIA HAYNES 26/ ' by (SEAL) Public, /State of Texas °0-7 /i My Commission Expires: LOAN NO.: 77099991268c TDHCANSPOCCUPAN Form - TDHCAOCC -1989 (Ver. 09 -2013) ORIGINAL [Typed / Printed Name] Please give this letter to borrower at closing. JUNE 26, 2014 CYNTHIA HAYNES 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Re: Loan Number 77099991268c Dear CYNTHIA HAYNES The Texas Department of Housing and Community Affairs would like to welcome you as a new customer. Your first payment on your mortgage loan will be due JULY 01, 2015 . Please use the temporary coupon attached below when mailing your first payment. Your loan may include an escrow account, which is used to pay your taxes and insurance. Annually, we will analyze the escrow account, and your payment may be adjusted accordingly. If, for example, your property taxes increase, your payment may also increase. At the end of each year, the Department will send you an annual statement for your records. This information will also be transmitted to the Internal Revenue Service for income tax purposes. If you have any questions or concerns regarding your mortgage loan, please don't hesitate to contact us at the number listed below. We look forward to servicing your mortgage loan. Texas Department of Housing and Community Affairs If by mail: P.O. Box 13941, Austin, Texas 78711 -3941 If by overnight delivery service: 221 E. 11th Street, Austin, Texas 78701 Toll Free: 800.298.4013 FAX Number: 512.472.7500 CUT HERE FOR FIRST PAYMENT COUPON Mail to: Texas Department of Housing and Community Affairs P.O. Box 13245 -C3 Austin, Texas 78711 -3245 Loan Number: 77099991268c Payment Due Date: JULY 01, 2015 Borrower Name: CYNTHIA HAYNES Mortgage Loan Payment: Principal & Interest: Escrow: Total Payment: TDHCANSPPAYHBA Form - TDHCAPC2.1205 (Ver. 11 -2013) 1,559.40 1,559.40 (if not forgiven) Date: JUNE 26 , 2014 Borrower: CYNTHIA HAYNES SIGNATURE /NAME AFFIDAVIT Loan Number: 77099991268c Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 THIS IS TO CERTIFY MY LEGAL SIGNATURE IS AS WRITTEN AND TYPED BELOW. (This signature must exactly match signatures on the Agreemen /ote and (Print or Type Name) Signature CYNTHIA HAYNES (If applicable, complete the following) I AM ALSO KNOWN AS: CYNTHIA HAYNES (Print or Type Name) Cynthia D Grayson (Print or Type Name) s (Print or Type Name) Cynthia Grayson (Print or Type Name) Cynthia D. Haynes (Print or Type Name) (Print or Type Name) Batt (Print or Type Name) (Print or Type Name) (Print or Type Name) STATE OF TEXAS co O F 24 2e persona appeared CYNTHIA HAYNES before me, SS tgage or Deed o))I'rust.) S ignat Si Signatur Signature Signature Signature Signature L 4L 4 No Name and Title) `/ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lUILY WITN Signat Signatur 7F ame A 'davit Fonn - CWSIGAFI -1085 (Ver. 03 -2009) ORIGINAL and' offi seal. w /g ;V • 'n�:'AS+ • f " "e sfO49,TAA1066110t010•�'`,�` (Notarial Seal) BORROWER'S ACCEPTANCE OF PROPERTY BORROWERS: CYNTHIA HAYNES PROPERTY ADDRESS: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 WE, THE UNDERSIGNED PURCHASERS OF THE ABOVE REFERENCED PROPERTY, DO HEREBY ACCEPT THE PROPERTY IN ITS AS IS CONDITION. CYNTHIA HAYNES Date Borrower Date Borrower Date Borrower LOAN NO.: 77099991268c Borrower's Acceptance of Property Form - PROPACPT -6299 (Ver. 05 -2009) ORIGINAL Date NOTICE REGARDING FLOOD INSURANCE COVERAGE Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: JUNE 26, 2014 Loan No.: 77099991268c Borrower: CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 We may assign, sell, or transfer the servicing of your mortgage loan. Your new lender /servicer may require more flood insurance coverage than the minimum amount that has been identified in your Notice of Special Flood Hazards (NSFH). The new lender /servicer may require coverage in an amount greater than the minimum, and has the right to require flood coverage at least equal to 100% of the insurable value (also known as replacement cost value) of the building(s) used as collateral to secure the loan or the maximum available under the National Flood Insurance Program (NFIP) for the particular type of building. You should review your exposure to flood damage with your insurance provider, as you may wish to increase your coverage above the minimum amount required at the time of closing your loan versus what subsequently the new lender /servicer may require. Bo �`%J� "'" Date Borrower Date CYNTHIA HAYNES Borrower Date Borrower Date Flood Insurance Notice Form - FLOODDIS-6132 (Ver. 11 -2011) ORIGINAL The State of TEXAS SURVEY AFFIDAVIT The County of WALKER Before me, the undersigned authority, on this day appeared CYNTHIA HAYNES who upon his/her /their oath(s) deposed and said: My /Our full name(s) is /are CYNTHIA HAYNES and Uwe warrant that no "structural" changes have been made to subject property located at: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 since 11 -09 -12 , the effective date of the previous survey. "Structural" changes include: 1. Improvements to the property; 2. Alterations of the boundaries of the property; and 3. Any other changes to the property which would be reflected by a current accurate survey. CONCRETE DRIVE OVER 10' UE id dam", :o : ,,+.,. - CY HIA HAYNES Borrower Borrower Borrower SUBSCRIBED AND SWORN TO before me on JUNE 26, 2014 , by CYNTHIA HAYNES juuY 4 j7 ° (Seal)= • • /,9r.1zr,4:, '4, r1 � 77099991268c Survey Affidavit Fonn - SURVEYAF - 0083 (Ver. / -2009) ORIGINAL N Pub j , State ofcy14.44..) • tary's t • d or printe ne: 74-,J� � My commission expires: g / `H' TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Texas Neighborhood Stabilization Program (NSP) (Homebuyer Assistance) DUE ON SALE /AFFORDABILITY PROVISION On this date the undersigned Borrower has executed a NSP Subordinate Deed of Trust ( "Deed of Trust ") on the following property to secure a NSP Deferred Forgivable Subordinate Lien Note (HBA) ( "Note ") in the amount of $ 15,594.00 of even date to the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ( "Lender "), to -wit: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Whereas, said Deed of Trust and Note contain federal HOME Program due on sale clauses and affordability requirement provisions under 24 CFR Section 92.254 associated with and as adopted by the Texas NSP Homebuyer Assistance Program loan. UWe, the undersigned Borrower, hereby acknowledge(s) the following: The due on sale provisions and the affordability requirements contained therein have been explained to me /us and I /we fully understand these provisions. Uwe further understand that the loan is being made to me /us based upon my /our assurance that Uwe will live in the house on the Property, as my /our principal place of residence for a period of Ten (10) years and repay the loan to the Lender according to the terms of the Note and Deed of Trust and that if I /we should sell or move from the Property prior to the end of Ten (10) year period, the balance of the Note, including interest (if applicable), will become immediately due and payable to Lender. UWe further acknowledge that the resale and recapture calculation examples have been explained to me /us and that Uwe understand the calculations and the circumstances under which the due on sale will be triggered. I /We also acknowledge that, Uwe understand that it is my /our responsibility to recertify to Lender that Uwe am/are still residing in the house on the Property as my /our principal residence." EXECUTED this CMG' day o BORROWER: AO/ / Alb�� /110 Rya!: r -- C NTHIA HAYNES Date Borrower Borrower Date Date Borrower LOAN NO.: 77099991268c TDHCANSPDUEONSALEHBA Form - TDHCADUE -1210 (Ver. 09 -2013) ORIGINAL Date SURVEY AND TITLE LETTER UWe the undersigned Borrower(s) hereby certify that Uwe have received, reviewed, and approved a copy of the attached survey which is incorporated hereto by reference and have signed or initialed and dated same for identification purposes. I /We am/are aware of the indicated encroachments, protrusions, easements, limitations, access, dimensions, and/or other conditions shown on the survey. UWe further certify that the Settlement Agent has provided me /us with a copy of the Commitment for Title Insurance and that Uwe have reviewed and consent to all of the exceptions to title which would appear in an Owner's Title Policy for the Property. IN CONSIDERATION OF THE LENDER MAKING A LOAN TO BORROWER(S), UWE HEREBY HOLD LENDER HARMLESS FROM ANY COMPLAINT ARISING AS A RESULT OF ANY MATTERS INDICATED IN THE SURVEY, THE EXCEPTIONS STATED IN THE COMMITMENT FOR TITLE INSURANCE, AND THE OWNER'S AND MORTGAGEE TITLE INSURANCE POLICIES. IN ADDITION TO BUT NOT IN LIEU OF THE ABOVE AND FOR THE CONSIDERATION RECITED ABOVE, I/WE HAVE BEEN MADE AWARE OF THE FOLLOWING SPECIFIC CONDITIONS AFFECTING THE ABOVE - DESCRIBED PROPERTY AND I/WE DO HEREBY AGREE, INDEMNIFY AND HOLD HARMLESS LENDER, ITS SUCCESSORS AND ASSIGN FROM ANY CLAIMS, COSTS, DAMAGES, CAUSES OF ACTION AND EXPENSES IN ANY WAY ARISING FROM THE FOLLOWING CONDITIONS: ENCROACHMENTS ON RECORDED EASEMENTS OR BUILDING LINES OR SETBACKS ON SURVEY CONCRETE DRIVE OVER 10' UE EXECUTED this BORROWER: CYNTHIA HAYNES day of LOAN NO.: 77099991268c TDHCANSPSURVEY Fonn - TDHCASVY -1193 (Ver. 11 -2013) ORIGINAL