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image200476/24/2014 4:37:47 PM ioNfA„ OMB Approval No. 2502 -0265 e- i��. :* * A. Settlement Statement (HUD -1) oere+t' B. Type of Loan 1.0 FHA 2.0 RHS 3.0 Conv. Unins. 4.0 VA 5.0 Conv. Ins. ❑ Other 6. File Number: 201404402 7. Loan Number: 77099991268b 8. Mortgage Insurance Case Number: C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(POC)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address Cynthia Haynes, PO Box 552, Jewett, TX 75846 of Borrower: E. Name & Address City of Huntsville, 1212 Avenue M, Huntsville, TX 77340 - of Seller: F. Name & Address Texas Department of Housing & Community Affairs, 221 East 11th Street, Austin, TX 78701 of Lender: Texas Department of Housing & Community Affairs, 221 East 11th Street, Austin, TX 78701 G. Property Location: Lot 5, Vann - Johnson Subdivision, P. Gray League, A -24, Walker County, 117 Avenue D, Huntsville, Texas 77320 H. Settlement Agent: Walker County Title Company, 1109 University Avenue, Huntsville, TX 77340, (936) 295 -8173 Place of Settlement: 1109 University Avenue, Huntsville, TX 77340 I. Settlement Date: 6/26/2014 Proration Date: 6/26/2014 Disbursement Date: 6/26/2014 �r ummary of Ba :0. er s Tra60a ctfatf,� � iu marof... SelIe?s Trap ac>il 100 Gross Amount =D a from ;Bo o (er 400�?Gr > At o I�i ` � 101. Contract sales price $91,328.79 401. Contract sales price $91,328.79 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) $2,834.38 403. 104. 404. 105. 405. Adjustments=foritems:ipatd by seller In advaftce y ; a A iji%stments fori ms paisib :46 16 to dvance ; 106. City /town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. Property Taxes 409. Property Taxes 110. 410. 111. 411. TDHCA Construction Reimbursement 112. 412. TDHCA Loan Write Down 120. Gross Amount Due from Borrower $94,163.17 420. Gross Amount Due to Seller $91,328.79 ^200. Amounts; Patd by.orsin Belialfsof;°BorroWer „ 3 ; 1500' {FteduOtfol s`ln-Anfoi r t Due to Se_ Iler 201. Deposit or earnest money $500.00 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) $75,906.00 502. Settlement charges to seller (line 1400) $555.00 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Second Lien from Texas Department of Housi $15,594.00 504. Payoff of first mortgage loan to Texas Depart $90,215.33 205. 505. Payoff of second mortgage loan 206. 506. 207. Seller Pays Owner's Title Policy Premium $817.00 507. Seller Pays Owner's Title Policy Premium $817.00 208. Seller Paid Closing Costs $1,396.17 508. Seller Paid Closing Costs $1,396.17 209. 509. Adjir'stfr ents for Items, npald by seller' . .., ;Adjust ents c rr 100* -i npald by.seflerry � ? 210. City /town taxes 510. City/town taxes 211. County taxes 511. County taxes 212. Assessments 512. Assessments 213. Property Taxes 513. Property Taxes 214. 514. 215. 515. TDHCA Adjustment $171.21 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid by /for Borrower $94,213.17 520. Total Reduction Amount Due Seller $93,154.71 300:.Caslt at'Settlement from /to Borrower 600, z.Oash "si-B ttl+i}rrter t to /fro> ,Seller'. <4 t„ . -* 301. Gross amount due from borrower (line 120) $94,163.17 601. Gross amount due to seller (line 420) $91,328.79 302. Less amounts paid by /for borrower (line 220) ($94,213.17) 602. Less reductions in amount due seller (line 520) ($93,154.71) 303. Cash 0 From cg To Borrower $50.00 603. Cash p To® From Seller $1,825.92 SUBSTITUTE FORM 1099 SELLER STATEMENT - The information contained in Blocks E, G, H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404), 406, 407 and 408 -412 (applicable part of buyer's real estate tax reportable to the IRS) is important tax information and Is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. SELLER INSTRUCTION - If this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of form 4797, Form 6252 and /or Schedule D (Form 1040). You are required to provide the Settlement Agent with your correct taxpayer identification number. If you do not provide the Settlement Agent with your correct taxpayer identification number, you may be subject to civil or criminal penalties. • Hunt vie r� BY: % P HOi The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. Previous editions are obsolete Page 1 HUD -1 6/24/2014 4:37:47 PM File Number: 201404402 L •SettlementCharges 0. 700. Total Real Estate Broker Fees Paid From Borrower's Funds at Settlement Paid From Seller's Funds at Settlement Division of commission (line 700) as follows: 701. 702. 703. Commission paid at settlement 704. 800 1temS:P.7yabte in 67010 tlor w1th 801. Our origination charge (from GFE #1) 802. Your credit or charge (points) for the specific interest rate chosen (from GFE #2) 803. Your adjusted origination charges (from GFE A) 804. Appraisal fee (from GFE #3) 805. Credit report (from GFE #3) 806. Tax service (from GFE #3) 807. Flood certification (from GFE #3) 808. 814. Yield Spread Premium 4900 )t e i irs Re ulred, b enderto Be Pa id n A0 aje 901. Daily interest charges from (from GFE #10) 902. Mortgage insurance premium for (from GFE #3) 903. Homeowner's insurance for to Cates Insurance Agency (from GFE #11) $658.00 904. 905. 1 000 Reserve~; D posited withal ender 1001. Initial deposit for your escrow account (from GFE #9) $504.78 1002. Homeowner's insurance 2 mo. @ $54.8300 per mo. $109.66 1003. Mortgage insurance 1004. City property taxes 1005. County property taxes 2 mo. @ $197.5600 per mo. $395.12 1006. Annual Assessments (maint.) 1007. 1008. 1009. Aggregate Adjustment rx 1140:00',=P000±§. , r,,.. s• ,. ,'.. :.. :F. >•: x , ,, y.�. mow''; .,�. ..; 1101. Title services and lender's title insurance (from GFE #4) $738.60 1102. Settlement or closing fee 1103. Owner's title insurance to Walker County Title Company (from GFE #5) $817.00 1104. Lender's title insurance to Walker County Title Company $200.00 T19 Survey Deletion $50.00 T36 Environmental $25.00 T30 Tax Deletion $20.00 Not Yet Due & Payable $5.00 1105. Lender's title policy limit $75,906.00 1106. Owner's title policy limit $91,328.79 1107. Agent's portion of the total title insurance premium to Walker County Title Company $864.45 1108. Underwriter's portion of the total title insurance premium to Title Resources Guaranty Company $152.55 1109. 1110. Guaranty Recoupment Fee (2 policies) to Walker County Title Company $3.60 1111. 1112. 2nd Lien MTP + Endorsements to Walker County Title Company $200.00 1113. 1114. Escrow /Closing Fee to Walker County Title Company $300.00 1115. Tax Certificate to Walker County Title Company $10.00 1116. Delivery Fee to Walker County Title Company $25.00 1117. 1118. 1119. 1200y;G9vernment Recording and Transfer Gha "rges� a � , ? . , �.. , .� , ' :•rte ' � �•r =z 1201. Government recording charges (from GFE #7) $116.00 1202. Deed $20.00 Mortgage $48.00 Releases Other $48.00 $116.00 1203. Transfer taxes (from GFE #8) 1204. City /County tax/stamps 1205. State tax/stamps 1206. UCC Recording Fees to Walker County Title Company $60.00 t300Additl+pnaI SettfementCha'rges . w s ,:s -' .. , . 1301. Required services that you can shop for (from GFE #6) 1302. Survey 1303. 1304. Home Warranty to First American Home Buyers Protection $495.00 1305. 1306. Homeowner Training POCB $50.00 1307. 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) $2,834.38 $555.00 Items marked "POC" were paid outside the closing by: Borrower (POCB), Lender (POCL), Mortgage Broker (POCM), Other (POCO), Real Estate Agent (POCR), or Seller (POCS). Previous editions are obsolete Page 2 HUD -1 6/24/2014 4:37:47 PM File Number: 201404402 CERTIFICATION: I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUD-1 Settlement Statement. The Settlement Agent does not warrant or represent the accuracy of information provided by any party, including information concerning POC items and informatio" - pplied by the lender in this transaction appearing on this HUD -1 Settlement Statement pertaining to "Comparison of Good Faith Estimate (GFE) and HUD -1 Charges" an oa Terms ", and the parties hold harmless the Settl¢pnent Agent a to any inaccuraci s ' such matters. best of know by th unde ttlement Sta ment which I have prepared is a true of this transaction. �T Orate a count of the fund hich were received and have been or will be zi non -e WARNI : It is a me to knowingly make false statements to the United States on this or any oth similar form. Penalties upon conviction can include a fine and impriso ent. For •777. tails see: Title 18: U.S. Code Section 1001 and Section 1010. Previous editions are obsolete Page 3 HUD -1 HUD -1 CERTIFICATION ACKNOWLEDGMENT OF RECEIPT OF SETTLEMENT STATEMENT I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment. The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. 10. County Titl ►i it rtment .2..« June 26, 2014 Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details, see: Title 18 U.S. Code Sections 1001 and 1010. File No.: 201404402 HUD 1 Certification Page 1 of 1 olt ef• NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, W tb YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING w to INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTERESN g IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIE RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENS- roir NUMBER. z' LUI GENERAL WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: THAT COUNTY OF WALKER CITY OF HUNTSVILLE, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS ( "Grantor "), whose mailing add ess 's /2./2 � /Y1 (p �u� vYe x'77'390 for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) cash and other good and valuable consideration to Grantor in hand paid by CYNTHIA HAYNES, A SINGLE WOMAN ( "Grantee "), whose mailing address is 117 AVENUE D, HUNTSVILLE, TEXAS 77320, and in consideration of a Note of even date executed by Grantee and payable to the order of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS in the principal amount of $75,906.00, which Note is secured by a first and superior vendor's lien and superior title retained in this Deed in favor of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS and by a first - lien Deed of Trust of even date from Grantee to TIMOTHY K. IRVINE, Trustee, the receipt and sufficiency of which consideration is hereby acknowledged and confessed; and further in consideration of a second -lien Note of even date executed by Grantee and payable to the order of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS in the principal amount of $15,594.00, which Second Lien Note is secured by a secondary and inferior vendor's lien and inferior title retained in this Deed in favor of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS and by a second -lien Deed of Trust of even date from Grantee to TIMOTHY K. IRVINE, Trustee, the receipt and sufficiency of which consideration is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, unto Grantee, Grantor's entire undivided ownership interest in the real property, together with all improvements thereon, described as follows (the "Property "): BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, LOCATED IN THE PLEASANT GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT FIVE (5) OF 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. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any way belonging to have and to hold unto Grantee, and Grantee's heirs, successors and assigns, forever; and Grantor does hereby bind itself and its heirs and successors to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, Grantee's heirs, successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, provided, however, that this conveyance is made by Grantor and accepted by Grantee subject (i) to all Schedule B items on the owner title policy issued to Grantee on the date hereof; (ii) to the liens securing payment of ad valorem taxes for the current and all Page 1 of 2 subsequent years; and (iii) easements, liens, reservations, covenants, conditions, and restrictions of record in Walker County, Texas, or visible or apparent on the ground to the extent the foregoing affect the Property. By acceptance of this Deed, Grantee assumes and agrees to perform all of the obligations of Grantor under said easements, reservations, covenants, conditions and restrictions, and agrees to pay and indemnifies and agrees to hold Grantor harmless from and against all ad valorem taxes relating to the Property, for the current and all subsequent years. The vendor's lien against and superior title to the Property are retained until each Note described is fully paid according to its terms, at which time this Deed will become absolute. When the context requires, singular nouns and pronouns include the plural. EXECUTED AS OF AND EFFECTIVE the day of June, 2014. By: Name: Title: GRANTOR: CITY OF HUNTSVILLE, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS ACKNOWLEDGEMENT Before me, a Notary Public, oyg the y a,.6 day of � '` 2014, personall , ap eared .1ft tf the of 0--i- of CITY OF HUN SVILLE, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS, on behalf 111 §ucb entity, who acknowledged that they did sign the foregoing instrume " k t ia„ acknowledged to me that they executed the sam for the uses and purpo co sid4ration therein expr= /1 t> . 4Tz ---1 d > ,',,8-1420{,& \ ,$' , `Illoi1111(1O AFTER RECORDING, RETURN TO: Cynthia Haynes 117 Avenue D Huntsville, Texas 77320 N ry Pu • i•, State of Texas Page 2 of 2 METES AND BOUNDS DESCRIPTION of Lot 5 of Vann - Johnson Subdivision, Huntsville, 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 hi Volume 85, Page 161 of Deed Records of Walker Comity, 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; 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 founcl 518 -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 corner 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: GeoSoltttions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11 -249 -027 EM ET ,� ��► LEGEND FOUND MONUMEN'FfION —P- (TYPE NOTED) METER BOX POWER LINES —1/— FENCE EDGE OF ASPHALT /1/ Z O v6 o� •v CALLED 0.62 ACRES ABE JOHNSON VOL. .96, PACE 192 D.RTY.C.T. co 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 C�� C L JOHNSON ACRES VOL. 977, PG. 120 0.P.1iW.C.T. FND.5 /8 "I. R. W /CAP LOT LINE 1+ LOT 6 P 'l.Wa�eH, er!r. 0 15 30 SCALE: 1" = 30' — -- h1 P N87w24'13 "E 10' ELL. PER PLAT 150.16' SER ICE, 3'X3' P01, 10'B.L. PER PLAT __STE_ c +'� E _ 32.1 4so mI LOT rI 0,196 ACRES z (8,559 SQ. FT.) I • FNO 57 "LR. 10` B.L TER PLAT W /CAP LOT LINE L 1 -STORY o' %c) BRICK. cv. ;N BUILDING 49.0',,, 587'24'13-W ___150.16' __ T ' aE-R YL71 LOT 4 VANN -JOT JNSON SUBDIVISTON 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 foots found at the time of survey and that this professionol service substantially conforms to the current Texas Society of Professional Surveyors Standards ar�i Specifications for a Category 16. Condition II Survey. Stephen M. Chruszczok R.P.L.S. No. 5937 NOTES: 1. This survey was performed without the benefit of o Title Commitment. 2. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North 10,262,485.31 & Eost= 3,802.009.473) and 7575 (grid coordinote of North = 10,262,526.24 & Eost= 3,801,780.255). Bearings described are reloted 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 foctor of 0.99988. 3. Squore footage totals shown hereon are based on mathematical closures and do not necessarily represent the positional accuracy of the boundary monumentation. 60 \�'ALLED 50' ROAD PT. RESIDUE CI S BROS. 1r CO. (ADIC ES TRACT No. 9) VOL. �'5. PACE 161 DrR.W.C.T FND. 5/8 "L1 . 1N /CAP g Ll I0 I" \, FND. W /CAP -SE ff VICE OLE ti ASBUILT SURVEY OF LOT 5 OF VANN- JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions,LLC 25814 Budde Rood Spring, Texas 77380 Phone: 281 -681 -9766 Fox:281 -681 -9779 Drawing Dg KC oats 11 /12/12 Scale: 1' =30' Chnekod fly SC F.D.; N/A Protect No. 11- 249 -027 Drawing Noma LOT5— ASB.DWG Alloo/NL1 No. N/A �!1 EXHIBIT "! ! i' PAGE 9 OF + t LEGEND 0 0 —P— FOUND MONUMENTfION (TYPE NOTED) METER BOX POWER LINES —/1-- FENCE /// EDGE OF ASPHALT 2 Q v(4 O� .v CALLED 0.62 ACRES ABE JOHNSON VOL. 96, PACE 192 D. R.IY.C.T. 4 co r."1 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, PC. 120 0.P Rif: C.T. FND. 5/8 "I. R. W /CAP LOT LINE n r TI nl III L_ "._..10— B.L. PER PLAT N87 24'13 "E 150.16' TAT 5 i 0.196 ACRES (8,559 SQ. FT.) 0 15 30 SCALE: 1" = 30' -r LOT 6 10' B.L. PER PLAT al — FND 5%8 "I.R. PER PLAT r W /CAP LOT LINE 4,1 3'X3' STEM___ 1' ir.4 • 1 —STORY c?/ BRICK NF BUILDING (il 49.9' ' • 587'24'13 "W 150.16' 10' B.L. PER PLAT LOT 4 VANN- JOHNSON 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 substontially conforms to the current Texas Society of Professional Surveyors Standards and Specifications for o Category 1B. Condition II Survey. 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 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 reloted to the Texas Coordinate System of 1983. Centrol 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. 3. Squore footage totals shown hereon are based on mathematical closures and do not necessarily represent the positional occurocy of the boundary monumentation. 0 iL SER ICE POI, 32.1 I¢ 14" a la 2.�' d oNC. 60 r ALLED 50' ROAD PT. RESIDUE GIBS BROS. & CO. (ADC S TRACT No. 9) VOL. `55. PAGE 161 OFR. W.C. T. FND 5/8"1.1k. r -0 /CAP FND. 5/B_V W /CAP ASBUILT SURVEY OF LOT 5 OF VANN - JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions,LLC 25814 Budde Rood Spring, Texas 77380 Phone: 281- 681 -9766 Fox:281 -681 -9779 Drawing By KC Rota 11 /12/12 (Scala: 11' •..3U' Alloo/KM No. N/A Chociod ey. SC F.a.: N/A Proiacl No. 11- 249 -027 Drawing Nome LOTS– ASB,DWG METES AND BOUNDS DESCRIPTION of Lot 5 of Vann- Johnson Subdivision, Huntsville, 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.) sane 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 rocl 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; 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, 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 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: GeoSolutions, LLC 25814 Buclde Road Spring, Texas Tel. 281 -681 -9766 Job No. 11 -249 -027 File No.: 201404402 Closing Date: June 26, 2014 Seller: City of Huntsville Buyer: Cynthia Haynes Property: Lot 21.5, North Avenue F, Walker County, Texas Closer: Judy Thornton Walker County Title Company 1109 University Avenue Huntsville, TX 77340 Gentlemen: This is to confirm that Judy Thornton is the closer on the above referenced transaction and that the undersigned were made aware of the fact that said Closer is not an attorney. Said closer did not discuss, nor explain, nor interpret any of the legal documentation for any of the closing. Closer merely presented documentation to the undersigned for all signatures and made no representations to the effect of said legal documentation or other documents used in connection with said closing. Closer made no representation concerning city or governmental zoning or use ordinances, statutes or regulations and made no statements or representation concerning the merchantability of the property or fitness for any contemplated use by the Buyer. Buyer acknowledges Closer did not make any comments, statements, explanations or representations concerning arbitration or any arbitration provisions of the title policy(ies). The Buyer and Seller acknowledge that any survey, Wood Destroying Insect Report (or like report) and /or Property Condition /Inspection Report have been ordered by persons other than Closer or any representative and /or employee of Walker County Title Company and that Closer has made no statements, interpretations and /or representation concerning the survey, Wood Destroying Insect Report (or similar report) and /or Property Condition /Inspection Report furnished for this transaction. AFFIDAVITS AND INDEMNITY AS TO DEBTS, LIENS, AND POSSESSION (USE SEPARATE FORM FOR EACH PARTY) (TO BE FILLED IN PERSONALLY BY SELLER OR BORROWER IN HIS /HER OWN HANDWRITING) File Number: 201404402 Subject Property: 117 Avenue D, Huntsville, TX 77320 State: Texas County: Walker BEFORE ME, the undersigned authority, on this day personally appeared: City of Huntsville Seller or Owner Borrower* Contractor (if new construction) personally known to me to be the person whose name is subscribed hereto and upon his /her oath deposes and says that no proceedings in bankruptcy or receivership have been instituted by or against him /her and that the marital status of Affiant has not changed since the day of acquisition of said property and represents to the purchaser and /or Lender in this transaction that there are: 1. No unpaid debts for lighting and plumbing fixtures, water heaters, floor furnaces, heaters, air conditioners, built -in fireplace screens, installed outdoor cooling equipment, swimming pool equipment, built -in cleaning equipment, built -in kitchen equipment, satellite dish, radio or television antennae, garage door openers, carpeting, rugs, lawn sprinkling systems, venetian blinds, curtains and rods, window shades, draperies and rods, valances, screens, shutters, awnings, mirrors, ceiling fans, attic fans, mail boxes, security and fire alarm detection equipment, water softener, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on su roperty se,ceired by financing statement, security agreement or otherwise except the following: Credit r �� f)�1 Approximate Amount (If NONE, write "NONE" on blank line) 2. No loans, unpaid judgments, or liens (including Federal or State Liens or Judgment Liens) and no unpaid governmental or association taxes, charges or assessm s of any kind on such property except the following: Creditorf�,N, n Approximate Amount (If NONE, write "NONE" on blank line) 3. All labor and materials used in the construction of improvements on the above - described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money he construction of improvements have been fully paid and satisfied, except the following: (If NONE, write "NONE" on blank line) 4. No leases, contra is to sell the land, or parties in possession other than Affiant except as follows: (If NONE, write NONE on blank line) *5. To be filled in if a sale - "The Seller is not a non - resident alien, foreign corporation, foreign trust, foreign estate or other foreign entity (as defined in the Internal Revenue Code and Income Tax Regulations). Seller's U.S. employer identification number (or Social Security Number) is: Seller's Address (office address, if Seller is an entity, home address if Seller is an individual) is: This Affidavit may be disclosed to the Internal Revenue Service and is furnished to Buyer to inform Buyer that withholding of tax is not required under Section 1445 of the Internal Revenue Code. Indemnity: I agree to pay on demand to the purchasers and /or lender and /or title companies (including Title Resources Guaranty Company) in this transaction, their successors and assigns, all amounts secured by any and all liens, claims or rights not shown above, together with all costs, Toss and attorney's fees that said parties may incur in connection with such unmentioned liens, provided said liens, claims, or rights either currently apply to such property, or a part thereof, or are subsequently established against said property and are created by me, known by me, or have an inception or attachment date prior to the closing of this transaction and recording of the deed and deed of trust/mortgage. I realize that the Purchaser and Lender and title companies in this transaction are relying on the representations contained herein in purchasing same or lending money thereon and issuing title policies and would not purchase same or lend money or issue a title policy thereon unless said represe�ryt�tion were made. If Seller or Borrower is an entity, I have authority to sign on its behalf. Dated thi "ILLto and sa i ry Pu •,j� in and for the state of Texas Com on Expires: August 14, 2014 cribed b - fore m this th 26th day of June, 65. e x''444. „. ��` - t w i (1 k ^1 r * NOTE: This form is to be filled in by Seller in case of a sale. If no sale, it is to be filled in and signed by the Owner - Borrower. If there is any new construction, the contractor must also join in this form or fill in and sign a separate one. ** If Seller is a non - resident alien, foreign corporation, etc., call your manager or underwriting personnel (800) 526 -8018. NOTE TO BUYER: Buyer must retain until end of fifth taxable year of transfer and must file with the Internal Revenue Service if required by regulation or otherwise. File No.: 201404402 Page 1 of 1 WAIVER OF INSPECTION AND DISCLOSURE TO OWNER To: Title Resources Guaranty Company ( "Title Insurer") Walker County Title Company ( "The Company ") Re: City of Huntsville to Cynthia Haynes File No.: 201404402 Land: Lot 21.5, North Avenue F, Walker County, Texas 1. Waiver of Inspection You may refuse to accept an exception to the Owner's Policy for "Rights of Parties in Possession." "Rights of Parties in Possession" shall mean one or more persons or entities who are themselves actually physically occupying the property or a portion thereof under a claim or right adverse to the insured owner of the property as shown in Schedule A of the Policy. The Company may require an inspection of the property and an additional charge may be assessed for reasonable and actual costs of such an inspection. The Company may make additional Exceptions for matters the inspection reveals. If you do not delete this paragraph, you consent to this Exception and waive inspection of the land. YOU MAY REFUSE TO ACCEPT THIS EXCEPTION BY MARKING OUT THIS PARAGRAPH 1. 2. Receipt of Commitment You acknowledge having received and reviewed a copy of the Title Commitment issued in connection with this transaction. You understand that your Owner Policy will contain the Exceptions set forth in Schedule B of the Commitment, and any additional Exceptions to title resulting from the documents involved in this transaction, and any additional Exceptions reflected by an exhibit attached hereto. 3. Survey You may request amendment of the "Area and Boundary Exception" to read "Shortages in Area." The Area and Boundary Exceptions is as follows: "Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements." You must furnish a current survey. The survey must be acceptable to the Company. You also must pay an additional premium equal to 15% of the basic premium charge. The Company may make additional exceptions for items shown on the survey. YOU MAY REQUIRE AMENDMENT OF THE AREA AND BOUNDARY EXCEPTION BY MARKING OUT THIS PARAGRAPH 3. AND BY COMPLYING WITH ITS PROVISIONS BEFORE COMPLETION OF THIS CLOSING. 4. Arbitration This paragraph does not apply to the Residential Owner Policy (T -1 R). The parties must later agree to arbitrate under the Residential Owner Policy (T -1 R). IF YOUR POLICY IS NOT A TEXAS RESIDENTIAL OWNER POLICY (T -1R), YOU MAY REQUIRE DELETION OF THE ARBITRATION PROVISION BY MARKING OUT THIS PARAGRAPH 4. 5. Notice You may wish to consult an attorney to discuss matters shown in Schedule B or C of the Commitment. These matters will affect your title and use of your land. Your Title Insurance Policy will be a legal contract between you and the Titled Insurer. The Commitment and Policy are not abstracts of title, title reports or representations of title. They are contracts of indemnity. We do not represent that your intended use of the property is allowed under the law or under the restrictions or exceptions affecting your property. Date: June 26, 2014 File No.: 201404402 Waiver of Inspection and Disclosure to Owner WA3 Page 1 of 1 FLOOD INSURANCE AUTHORIZATION RE: CYNTHIA HAYNES 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 The National Flood Insurance Reform Act of 1994 mandates the purchase of flood insurance when appropriate, if available. Therefore, the above referenced Borrower(s) hereby authorize(s) Lender, and its assigns, to purchase flood insurance during the life of the loan secured by the above- described property. This authorization is extended only in the case where a determination is made subsequent to closing that flood insurance is necessary, because the Lender has determined the improved real property or mobile home and personal property securing the loan is located both in a Special Flood Hazard are (SFHA) as determined by the Director of the Federal Emergency Management Agency (FEMA), and in a community participating in the National Flood Insurance Program (NFIP). In such event, unless a different standard is permitted by law or regulation and such standard is imposed, flood insurance shall be purchased in the amount of the loan or the maximum amount available under the NFIP, whichever is less. At any time during the life of the loan secured by the above - described Property, such flood insurance policy may be purchased from the agent designated by Borrower(s) and subsequently furnished to Lender. The premiums and fees incurred shall be paid by Borrower(s) and may be paid from the escrow funds on hand and the proper adjustments made to the monthly payments. Borrower(s) agrees that if the Lender or Servicer is escrowing for items such as taxes and property insurance, they are required to also escrow for required flood insurance costs. Lender shall provide Borrower(s) with written notice that flood insurance must be purchased, the amount necessary, and an estimate of the cost. If a response is not received from the Borrower(s) within 45 days of such notice, Lender is hereby authorized to force -place the required flood insurance from whatever source advisable under the circumstances and provide the Borrower(s) with a copy of the policy. If there is a dispute or uncertainty on the part of the Lender or Borrower about the flood determination, they may jointly request FEMA to review and resolve whether the building or mobile home or personal property in question is located in an SFHA. FEMA will review the determination and provide the Lender and Borrower(s) a final determination within 45 days. - Borrower - Borrower - Borrower CERTIFICATION BY SELLER(S) - Borrower This is to certify that the above - referenced Property which I /we are selling is not now (or to the best of my /our knowledge ever been) located in a flood hazard area. CITY OF HUN SVILLE Seller - Seller - Seller - Seller LOAN NO.: 77099991268b Flood Insurance Authorization Form - FLDINSAU -6298 (Ver. 02-2009) ORIGINAL HAY DARBY PLLC Attorney at Law 402 West 7th Street Telephone (512) 467 -6060 Austin, Texas 78701 Facsimile (512) 467 -6161 Borrower: CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan No.: 77099991268b Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ATTORNEY REPRESENTATION AND FEE LETTER Legal instruments and other loan documents in connection with this loan and real property transaction (the "Loan ") have been prepared for the Lender by the law firm of HAY DARBY PLLC, Attorney at Law. As a part of the Borrower's obligation to pay the reasonable expenses of the Lender in connection with the establishment of the liens to secure the Loan and, if required, the consummation of the sale and conveyance of the real property securing the Loan (the "Property "), the Borrower agrees to pay the legal fees charged to the Lender by HAY DARBY PLLC, Attorney at Law for the preparation of legal instruments and loan documents at loan settlement. The Borrower acknowledges that the fees charged by HAY DARBY PLLC, Attorney at Law, as set out in the law firm's invoice, are based on the standard fees charged the Lender for the preparation of closing documents for similar real estate transactions. The Borrower further acknowledges that HAY DARBY PLLC, Attorney at Law, has acted only as counsel to the Lender and has not, in any manner, undertaken to assist or render legal advice to the Borrower with respect to the Loan or the purchase of the Property, or with respect to any of the documents or instruments being executed in connection with those transactions. By signing below, the Borrower acknowledges that they are aware that they may consult independent counsel or hire an attorney to represent them and advise them regarding this transaction and its consequences to them. The Borrower has not been charged any fee or preparation of any federal disclosures such as the Truth in Lending Statement. If HAY DARBY PLLC, Attorney at Law has prepared a warranty deed with respect to the Property, at the expense of the Seller, it is for the purpose of assuring the Lender that a proper vendor's lien has been retained and transferred therein to the Lender; and/or if HAY DARBY PLLC, Attorney at Law has prepared other instruments at the expense of the Seller in connection with this transaction, the Seller acknowledges that all instruments have been prepared by HAY DARBY PLLC, Attorney at Law based on information provided to HAY DARBY PLLC, Attorney at Law by the closing agent either directly or through the Lender, that HAY DARBY PLLC, Attorney at Law has not undertaken, in any manner, to assist or render legal advice to the Seller with respect to this transaction, and that HAY DARBY PLLC, Attorney at Law makes no representations to the Seller that it has undertaken any independent effort to verify the information provided to HAY DARBY PLLC, Attorney at Law and utilized for the preparation of the warranty deed or other instruments. Seller is further advised to consult its own legal counsel before signing the warranty deed. BOjROWER(S) OR SPOUS OF BORROWER: CYNTHIA HAYNES -Borrower CITY OF HUNTSVILLE - Borrower - Borrower - Borrower Title: Return the original to HAY DARBY PLLC, Attorney at Law. Return photocopies to Borrower and Seller, if applicable. ORIGINAL Form - HCATTNY2 -3096 (Ver. 03 -2014) 9 fo aSnd (tiot-it '-'A) Z800-fS0't WWlO - 01103 suogatujsul SuIsoIO aupads 61-1 HO 13311LS'I38V'I HMV 3WVNI 1.332I.LS QQV 01210A3A2IfIS 3'If1QaHDS 2IV313 01 31III SNOI1dZaX3 ON HUM 61-1 UNV NOI.L313Q A3AMI11S 11I1.3 311SS1 01 31111 ONIGH0332I 31101311 SIN3INII000117931 Q32IIf1a32I'11V 0.1. V DEIIHX3 HOV.L.LV 01 31111 SIN3INfIDOQ N31'I HNZ HO.LVIN 01 N311 HNZ (M' IS12IO3 3INVN I13QN3'I (INV 1Mf1OINV NIVO'I V 37f2Q3HDS 'ONIQNII3 OZ 110RId Q32IIf1a32I 311V 'IVA02IddV NVO7 NO3 SNOI.LIQNOD ONIMO7 IO3 311.E `NOI,LIQQV NI Q89Z16666OLL :'o1■ u8o1 S3NIAVH :10M 0.1.10E1 6I-9Z-90 :2lLQ SNOIZJf12LLSNI ONISO'ID DIHIDIdS INITIAL ESCROW ACCOUNT DISCLOSURE STATEMENT Borrower(s): CYNTHIA HAYNES Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 221 EAST 11TH STREET AUSTIN, TRAVIS COUNTY, TEXAS 78701 Property Address: 117 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 770999912686 Case Number: Date: JUNE 26, 2014 This is an estimate of activity in your escrow account during the coming year, based on payments anticipated to be made from your account. Month Payment to Payment from Description Escrow Account Escrow Account Escrow Account Balance Starting Balance $ 504 .78 AUGUST 2014 252.39 757.17 SEPTEMBER 2014 252.39 1,009.56 OCTOBER 2014 252.39 1,261.95 NOVEMBER 2014 252.39 1,514.34 DECEMBER 2014 252.39 2,370.72 PROPERTY TAXES 603.99 JANUARY 2015 252.39 351.60 FEBRUARY 2015 252.39 99.21 MARCH 2015 252.39 153.18 APRIL 2015 252.39 405.57 MAY 2015 252.39 657.96 JUNE 2015 252.39 658.00 HAZARD INSURANCE 252.35 JULY 2015 252.39 504.74 TOTALS $ 3,028.68 $ 3,028.72 PLEASE KEEP THIS STATEMENT FOR COMPARISON WITH THE ACTUAL ACTIVITY IN YOUR ACCOUNT AT THE END OF THE ESCROW ACCOUNTING COMPUTATION YEAR. Cushion selected by servicer $ . 00 Cushion months selected by servicer 0 Your monthly mortgage payment for the coming year will be $ 463 .24 , of which $ 210.85 , is for principal and interest and $ 252 .39 , will go into your escrow account. Initial Escrow Account Disclosure Statement Form - RESPADSC•1500 (Ver. 01 -2009) ORIGINAL LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BORROWER(S): CYNTHIA HAYNES LOAN AMOUNT: $ 75,906.00 PROPERTY: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LOAN NO: 77099991268b DATE: JUNE 26, 2014 MINERAL RIGHTS ACKNOWLEDGMENT AND AGREEMENT Borrower is executing this Mineral Rights Acknowledgment and Agreement as a material inducement to Lender to make Borrower the Loan secured by liens on the Property. Borrower understands that the Property may be subject to mineral development rights, the exercise of which could result in a taking or damage to any or all of the Property. Borrower further understands that the party desiring to exercise its mineral development rights may give notice of its intention to exercise such rights and may be liable to Borrower for reimbursement of any taking or any damage to the Property resulting from its exercise of such mineral development rights. Borrower hereby agrees to immediately give written notice to Lender (1) at the Lender's address as set forth in the Deed of Trust securing the Loan, or (2) at such other place as Lender, or noteholder if different than Lender, may direct Borrower in writing from time to time, of any action or proposed action to be taken in connection with the development of mineral rights in, on or around the Property. Borrower further agrees that if there is (1) any taking or damage to the Property and (2) if any reimbursement or compensation is paid for such taking or damage, then such reimbursement or compensation shall be paid directly to the Lender or noteholder if different from Lender, and applied by Lender, first, to the reduction of the principal balance of the note evidencing the Loan, and then to any and all charges accruing thereon incuding accrued and unpaid interest therein as long as the Loan remains outstanding and unsatisfied. Further, Borrower agrees that Borrower will neither consent to nor execute any documents to transfer, convey, assign, sell, or lease any mineral development rights on the Property to any person or entity during the term of the Loan, without prior written consent of Lender. Borrower agrees to defend, indemnify and hold Lender, its successors or its assigns, harmless from any and all loss, damage or expense arising from or related to the Borrower not giving Lender, its successors or its assigns, proper and timely notice of any exercise or threatened exercise of mineral development rights in or upon the Property by any person or entity. Borrower hereby acknowledges that Borrower has read this Agreement and fully understands its terms and implications and Borrower is executing this Agreement the same day as the date of execution of Note and Deed of Trust evidencing and securing the Loan, as a material inducement to Lender to make the Loan on the Property. Nothing herein is intended to conflict with any provision of the Note and Deed of Trust, but is to be an amplification thereof. Borrower further represents to Lender that there is no current surface activity in connection with oil, gas or mineral exploration or production within a distance of 500 feet from any boundary of said Property. CYNTHIA HAYNES - Borrower - Borrower THE STATE OF COUNTY OF ' ;(-x_.A",,,_,,. This instrument was acknowledged before me on the day of by CYNTHIA HAYNES - Borrower } A,�0. 1,11 T HEOi?;v :, "'""0",' My Commission Expi s: y •° NcRa: ' ..lic Fh6gAJCM **-.61,16;.-' ,,;',' (i1/41 "/,,I .6. 14.20;' ,A\N�� Notary's Name(Printed) IBlIt4I1 Mineral Rights Achnowledgment and Agreement Fonn - MINERAL3 -4238 (Ver. 05 -2009) ORIGINAL - Borrower FEDERAL TRUTH -IN- LENDING DISCLOSURE STATEMENT Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: 06 -26 -14 221 EAST 11TH STREET AUSTIN, TRAVIS COUNTY, TEXAS 78701 Borrower(s): CYNTHIA HAYNES Property Address: 117 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 Mailing address: Loan No.: 77099991268b Loan Amount: $ 75, 906.00 Interest Rate: 0 .00 % ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of your credit as a yearly rate. The dollar amount the credit The amount of credit provided The amount you will have will cost you. to you or on your behalf. paid after you have made all payments as scheduled. 0.00 % $ 0.00 $ 75,906.00 $ 75,906.00 INTEREST RATE AND PAYMENT SUMMARY Rate and Monthly Payment Interest Rate. 0.00 Principal + Interest Payment 210.85 Estimated Taxes + Insurance (Escrow) 252.39 Total Estimated Monthly Payment $ 463.24 There is no guarantee that you will be able to refinance to lower your rate and payments. Demand Feature: This obligation ( ) has a demand feature ( XX ) has no demand feature. Variable Feature: This obligation ( ) has a variable rate feature ( XX ) has no variable rate feature. If this loan contains a variable rate feature, disclosure about the variable rate feature have been provided to you earlier. Please refer to your Adjustable Rate Mortgage Disclosure for additional information regarding interest rate and payment changes. Security: You are giving a security interest in the property located at: 117 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 Late Charge: If the payment is more than 15 days late, you will be charged 5 .000 % of the payment of principal and interest. Prepayment: If you pay off early, you ( ) may ( XX ) will not have to pay a penalty. ( ) may ( XX ) will not be entitled to a refund of part of the finance charge. Insurance: You may obtain property insurance from anyone you want that is acceptable to the Creditor. Credit life and credit disability insurance ( ) are ( XX ) are not required to obtain credit. Assumption: Someone buying your home ( XX) may not ( ) may ( ) may, subject to conditions, be allowed to assume the remainder of the mortgage on the original terms. Filing Fees: $ See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, prepayment refunds, penalties, security interest and the policy of the Creditor regarding assumption of the mortgage. YOU ARE NOT REQUIRED TO COMPLETE THIS AGREEMENT MERELY BECAUSE YOU HAVE RECEIVED THESE DISCLOSURES OR SIGNED A LOAN APPLICATION. I (We) ereby a nowledge receivins reading a completed copy of the disclosures made in this notice. Bo Date Borrower Date CYNTH A HAYNES Borrower Docprep Services, Inc. Fonn - REGZF -9625 (Rev. 01 -2012) ORIGINAL Date Borrower (Owner Oer.pled) (P•rehare) Date ITEMIZATION OF AMOUNT FINANCED Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 221 EAST 11TH STREET AUSTIN, TRAVIS COUNTY, TEXAS 78701 Borrower(s): CYNTHIA HAYNES Date: 06 -26 -14 Loan No.: 77099991268b Loan Amount: 75, 906.00 Interest Rate: 0.00 AMOUNT FINANCED $ 75, 906.00 AMOUNT PAID TO OTHERS ON YOUR BEHALF: PREPAID FINANCE CHARGES: $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for E $ 658.00 for HAZARD INSURANCE PREMIUM E $ 109.66 for HAZARD INS IMPOUND 2 MONTHS $ for $ for $ for $ for E $ 395.12 for COUNTY TAX IMPOUND 2 MOS $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for 1,162 .78 TOTAL PAID TO OTHERS hereb c n a wledge norr CY HIA HAYNES E$ for PREPAID INTEREST DAYS E$ 300.00 for CLOSING /ESCROW /SETTLEMENT FEE E$ 25.00 for Courier Fee $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for E $ 325.00 TOTAL PREPAID FINANCE CHARGES e ec • ipt of this Itemization of the Amount Financed. I4j � V / €fC2 E - Means an Estimate b - Means Fee Paid to Broker POC - Means Paid Outside of Closing PBS - Means Fee Paid by Seller PBL - Means Fee Paid by Lender PBB - Means Fee Paid by Broker PBR - Means Fee Paid by Realtor PBO - Means Fee Paid by Other Other - { } Means Credit or Negative Amount k2 6-/ Date Borrower Itemization of Amount Financed Form - REGZ1TM - 9634 (Ver. 08 -2009) ORIGINAL Borrower Date Date Borrower Date (Owner Occupied) (Purchase) -HCO SERVICING DISCLOSURE STATEMENT Lender: Date: TEXAS DEPARTMENT OF HOUSING JUNE 26, 2014 AND COMMUNITY AFFAIRS Borrower: CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan No.: 77099991268b NOTICE TO FIRST LIEN MORTGAGE LOAN APPLICANTS: THE RIGHT TO COLLECT YOUR MORTGAGE LOAN PAYMENTS MAY BE TRANSFERRED. You are applying for a mortgage loan covered by the Real Estate Settlement Procedures Act (RESPA) (12 U.S.C. 2601 et seq.). RESPA gives you certain rights under federal law. This statement describes whether the servicing for this loan may be transferred to a different loan servicer. "Servicing" refers to collecting your principal, interest, and escrow payments, if any, as well as sending any monthly or annual statements, tracking account balances, and handling other aspects of your loan. You will be given advance notice before a transfer occurs. Servicing Transfer Information The following is the best estimate of what will happen to the servicing of your mortgage loan: We may assign, sell, or transfer the servicing of your loan while the loan is outstanding. O We do not service mortgage loans of the type for which you applied. We intend to assign, sell or transfer the servicing of your mortgage loan before the first payment is due. The loan for which you have applied will be serviced at this financial institution and we do not intend to sell, transfer, or assign the servicing of the loan. By signing below, Uwe acknowledge receiving a copy of this disclosure. CY HIA HAYNES (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower Servicing Disclosure Statement Form - SERVDISI - 6283 (Ver. 0) -2009) ORIGINAL Borrower's Certification and Quality Control Authorization As part of an ongoing effort to assure that all mortgage loans are originated in accordance with accepted standards of professional ethics and business practices, a quality control audit is performed on a random sampling of loans. As a result of this sampling, an audit may be performed on your loan before or after closing. Certification The undersigned certify the following: 1. I/We have applied for a mortgage loan from TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender). In Applying for the loan, I /we completed a loan application containing various information on the purpose of the loan, the amount and source of the downpayment, employment and income information, and assets and liabilities. I/We certify that all of the information is true and complete. I/We made no misrepresentations in the loan application or other documents, nor did I /we omit any pertinent information. 2. I/We understand and agree that TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) reserves the right to change the mortgage loan review process to a full documentation program. This may include verifying the information provided on the application with the employer and/or the financial institution. 3. I/We fully understand that it is a Federal crime punishable by fine or imprisonment, or both, to knowingly make any false statements when applying for this mortgage, as applicable under the provisions of Title 18, United States Code, Section 1014. Authorization to Release Information To Whom It May Concern: 1. l/We have applied for a mortgage loan from TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender). As part of the application process or the quality control audit, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) and the mortgage guaranty insurer (if any), may verify or re- verify information contained in my /our loan application and in other documents required in connection with the loan, either before or after the loan is closed. 2. I \We authorize you to provide to TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) or a third party authorized by the Lender, and to any investor to whom TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) may sell my mortgage, and to the mortgage guaranty insurer (if any), and all information and documentation that they request. Such information includes, but is not limited to, employment history and income; bank, money market, and similar account balances; credit history; and copies of income tax returns. 3. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) or any investor that purchases the mortgage, or the mortgage guaranty insurer (if any), may address this authorization to any party named in the loan application. 4. A copy of this authorization may be accepted as an original. 5. Your prompt reply to TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS that purchased the mortgage or the mortgage guaranty insurer (if any) is appreciated. 6. Mortgage guaranty insurer (if any): „I // goo Bo CY HIA HAYNES (the Lender) or the investor Date Borrower Date Borrower Date Borrower Date FNMA FORM 1097 LOAN NO.: 77099991268b Borrower's Cert and QC Authorization Fonn - FNMA1097.0208 (Ver. 02 -2011) ORIGINAL DOCUMENT CORRECTION AGREEMENT LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas BORROWER: CYNTHIA HAYNES PROPERTY: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 DATE: JUNE 26, 2014 AGREEMENT TO CORRECT MISSTATED INFORMATION OR PROVIDE ADDITIONAL DOCUMENTATION OR FEES: In consideration of Lender disbursing funds for the closing of the Loan secured by the Property being encumbered, and regardless of the reason for any loss, misplacement, or inaccuracy in any Loan documentation, Borrower(s) agrees as follows: If any document is lost, misplaced, misstated or inaccurately reflects the true and correct terns and conditions of the Loan, upon request of the Lender, Borrower(s) will comply with Lender's request to execute, acknowledge, initial and deliver to Lender any documentation Lender deems necessary to replace or correct the lost, misplaced, misstated or inaccurate document(s). If the original parity lien real estate note is replaced, the Lender hereby indemnifies the Borrower(s) against any loss associated with a demand on the original note. All documents Lender requests of Borrower(s) shall be referred to as "Replacement Documents." Borrower(s) agrees to deliver the Replacement Documents within ten (10) days after receipt by Borrower(s) of a written request for such replacements. Borrower(s) also agrees that upon request Borrower(s) will supply additional amounts and/or pay to Lender any additional sum previously disclosed to Borrowers) as a cost or fee associated with the Loan, which for whatever reason was not collected at closing. REQUEST BY LENDER: Any request under this Agreement may be made by the Lender, (including assignees and persons acting on behalf of the Lender) or Settlement Agent, and shall be prima facie evidence of the necessity for same. A written statement addressed to Borrower(s) at the address indicated in the Loan documentation shall be considered conclusive evidence of the necessity for Replacement Documents. BORROWER LIABILITY: If Borrower(s) fails or refuses to execute, acknowledge, initial and deliver the Replacement Documents or provide the Additional Documents or fees to Lender more than ten (10) days after being requested to do so by Lender, and understanding that Lender is relying on these representations, Borrower(s) agree(s) to be liable for any and all loss or damage which Lender reasonably sustains thereby, including but not limited to all reasonable attorney's fees and costs incurred by Lender. FAILURE TO DELIVER REPLACEMENT DOCUMENTS CAN CONSTITUTE DEFAULT: Borrower's failure or refusal to comply with the terms of the correction request may constitute a default under the note and/or deed of trust, and may give Lender the option of declaring all sums secured by the loan documents immediately due and payable. This Agreement shall survive the closing of the Loan, and inure to the benefit of Lender's successors and assigns and be binding upon the heirs, devisees, personal representatives, successors and assigns of Borrower(s). BORROWER: C NTHIA HAYNES Date Borrower Date Borrower LOAN NO.: 77099991268b TDHCANSPERROR Fonn - TDHCADOC -1985 (Ver. 09 -2013) Date Borrower Date ORIGINAL HAZARD INSURANCE AUTHORIZATION AND REQUIREMENTS LENDER: TEXAS DEPARTMENT OF HOUSING DATE: JUNE 26, 2014 AND COMMUNITY AFFAIRS LOAN NO.: 77099991268b ESCROW CO.: WALKER COUNTY TITLE 1109 UNIVERSITY AVENUE; HUNTSVILLE, TX 77340 BORROWER'S NAME(S): CYNTHIA HAYNES ESCROW NO.: 201404402 PROPERTY ADDRESS: 117 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 Listed below are your Lenders policies and procedures, and minimum requirements, for the Hazard Insurance which must be provided covering the subject property. 1. Coverage must be in an amount at least equal to the sum of this loan plus any existing prior liens. If your loan program allows for potential negative amortization, your lender may require that the amount of coverage be increased to protect the amount of potential negative amortization. 2. The insurance company providing coverage must have an "A" rating or better in the latest edition of "Best's Insurance Guide," must be licensed in the State in which the property described above is located, and must be licensed to transact the lines of insurance required in this transaction. 3. Policy shall provide at least "Broad Form" coverage on properties of one to four units, and at least "Vandalism & Malicious Mischief' on properties with over four units, with no deviation. Homeowners policies must provide coverage equal to "HO 2" form. 4. Policies must contain deductibles on any peril of NOT MORE THAN: $100.00 for loans of $50,000.00 or less; $250.00 for loans between $50,001.00 and $100,000.00; $500.00 for loans in excess of $100,000.00, and $1,000.00 for loans of $1,000,000.00 or more. 5. Policy must provide coverage for a term of at least one year. Premiums may be paid on an annual installment basis only if the policy provides that the Lender will be notified in writing of cancellation 30 days prior to expiration of coverage, for any cause. Binders are not acceptable. 6. If an existing policy is provided which will expire within six months from the date of the recording of this loan, said policy must be renewed for the required term as noted in #5 above. 7. All forms and endorsements pertaining to the Lenders requirements must appear on the "Declaration Page" of the policy. 8. New policies must be accompanied by a signed "Broker of Record Authorization" if borrower(s) have changed Insurance Agents. 9. Verification of renewal of insurance policies must be in the Lenders office at least thirty days prior to the expiration date of the existing policy. If this requirement is not met, the LENDER OR ITS SUCCESSORS OR ASSIGNS MAY AT THEIR OPTION, BUT WITHOUT OBLIGATION TO DO SO, PROVIDE COVERAGE TO REPLACE ANY EXPIRING POLICIES WHICH HAVE NOT BEEN PROPERLY RENEWED. The premium for such coverage will be remitted promptly by the undersigned, or Lender may charge borrower's account for the cost thereof. 10. Lender's Loss Payable Endorsement 438 BFU to be affixed in favor of: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA "). ITS SUCCESSORS AND /OR ASSIGNS 221 EAST 11TH STREET AUSTIN, TRAVIS COUNTY, TEXAS 78701 LOAN NO.: 77099991268b 11. Property address and insureds name must be designated on the policy as on the ALTA Title Policy. 12. The Lender's loan number must appear on the policy and any subsequent endorsements. 13. Effective date of new policies, endorsements, and/or assignments shall be as of, or prior to, the date of recording of this loan. 14. Please notify your agent to forward future premium notices directly to you. 15. If the security property is a condominium, the master insurance policy must contain a minimum of $1,000,000.00 coverage for "Directors & Officers" liability. A copy of the master policy must be submitted to the Lender prior to funding. All policies, assignments, and/or endorsements necessary for the completion of this loan escrow are to be forwarded to the Lender's address shown above. Please add: "Attention: Loan Processing." AN ACCEPTABLE POLICY, WITH ENDORSEMENTS AND /OR ASSIGNMENTS, MUST BE FORWARDED TO AND RECEIVED BY LENDER BEFORE THIS LOAN CAN BE FUNDED: OTHERWISE, LENDER MAY BE FORCED TO PLACE INTERIM COVERAGE ON THE PROPERTY AT AN ADDITIONAL COST TO THE BORROWER(S). Each of the undersigned acknowledges that he or she has read and understands the foregoing provisions and insurance requirements. This authorization will remain irrevocable for the undersigned as owner(s) of the subject property, and for any assignees, for as lo as this loan remains on ubject property. CYNTHIA HAYNES (Borrower) (Borrower) (Borrower) (Borrower) Hazard Insurance Authorization & Requirements Form - 1CIHAZRD - 0189 (Ver. 11 -2008) ORIGINAL JUNE 26, 2014 NOTICE OF INVALIDITY OF ORAL AGREEMENTS TO: Borrower and all other Debtors, Contractors and Obligors with respect to the Loan which is identified below. 1. THE WRITTEN LOAN AGREEMENT REPRESENTS 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. 2. As used in this Notice: "Borrower" means the Borrower identified below. "Debtor" and "Obligor" means any entity or individual who (i) is obligated to pay the Note or (ii) otherwise is or becomes obligated to pay the Loan (for example, as cosigner or guarantor) or (iii) has pledged any property as security for the Loan. "Lender" means Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas. "Loan" means the loan by Lender which is to be evidenced by NSP Deferred forgivable Subordinate Lien Note, dated of even date herewith, executed by Borrower, payable to the order of Lender in the original principal face amount of $ 75,906.00 ( "Note "). "Loan Agreement" means one or more promises, promissory notes, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan. 3. This Notice is given by Lender with respect to the Loan, pursuant to Section 26.02 of the Texas Business and Commerce Code. Each Borrower, Debtor, Contractor and Obligor who signs below acknowledges, represents, and warrants to Lender that Lender has given and such party has received and retained a copy of this Notice on the date stated above. BORROWER: LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Name: Its: Duly authorized officer or representative LOAN NO.: 77099991268b Form - TDHCAORI -1208 (Ver. 11 -2013) ORIGINAL JUNE 26, 2014 NOTICE OF INVALIDITY OF ORAL AGREEMENTS TO: Borrower and all other Debtors, Contractors and Obligors with respect to the Loan which is identified below. 1. THE WRITTEN LOAN AGREEMENT REPRESENTS 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. 2. As used in this Notice: "Borrower" means the Borrower identified below. "Debtor" and "Obligor" means any entity or individual who (i) is obligated to pay the Note or (ii) otherwise is or becomes obligated to pay the Loan (for example, as cosigner or guarantor) or (iii) has pledged any property as security for the Loan. "Lender" means Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas. "Loan" means the loan by Lender which is to be evidenced by NSP Deferred forgivable Subordinate Lien Note, dated of even date herewith, executed by Borrower, payable to the order of Lender in the original principal face amount of $ 75,906.00 ( "Note "). "Loan Agreement" means one or more promises, promissory notes, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan. 3. This Notice is given by Lender with respect to the Loan, pursuant to Section 26.02 of the Texas Business and Commerce Code. Each Borrower, Debtor, Contractor and Obligor who signs below acknowledges, represents, and warrants to Lender that Lender has given and such party has received and retained a copy of this Notice on the date stated above. BORROWER: CYNTHIA HAYNES LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the S • ,of Te By: Name: UV i3 l..eq -267 L-, H O(_LOI. )"W Its: Duly authorized officer or representative LOAN NO.: 77099991268b Fonn - TDHCAORI -1208 (Ver. 11 -1013) ORIGINAL HAY DARBY PLLC Attorney at Law 402 West 7th Street Telephone (512) 467 -6060 Austin, Texas 78701 Facsimile (512) 467 -6161 Borrower: CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan No.: 77099991268c Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ATTORNEY REPRESENTATION AND FEE LETTER Legal instruments and other loan documents in connection with this loan and real property transaction (the "Loan ") have been prepared for the Lender by the law firm of HAY DARBY PLLC, Attorney at Law. As a part of the Borrower's obligation to pay the reasonable expenses of the Lender in connection with the establishment of the liens to secure the Loan and, if required, the consummation of the sale and conveyance of the real property securing the Loan (the "Property "), the Borrower agrees to pay the legal fees charged to the Lender by HAY DARBY PLLC, Attorney at Law for the preparation of legal instruments and loan documents at loan settlement. The Borrower acknowledges that the fees charged by HAY DARBY PLLC, Attorney at Law, as set out in the law firm's invoice, are based on the standard fees charged the Lender for the preparation of closing documents for similar real estate transactions. The Borrower further acknowledges that HAY DARBY PLLC, Attorney at Law, has acted only as counsel to the Lender and has not, in any manner, undertaken to assist or render legal advice to the Borrower with respect to the Loan or the purchase of the Property, or with respect to any of the documents or instruments being executed in connection with those transactions. By signing below, the Borrower acknowledges that they are aware that they may consult independent counsel or hire an attorney to represent them and advise them regarding this transaction and its consequences to them. The Borrower has not been charged any fee or preparation of any federal disclosures such as the Truth in Lending Statement. If HAY DARBY PLLC, Attorney at Law has prepared a warranty deed with respect to the Property, at the expense of the Seller, it is for the purpose of assuring the Lender that a proper vendor's lien has been retained and transferred therein to the Lender; and/or if HAY DARBY PLLC, Attorney at Law has prepared other instruments at the expense of the Seller in connection with this transaction, the Seller acknowledges that all instruments have been prepared by HAY DARBY PLLC, Attorney at Law based on information provided to HAY DARBY PLLC, Attorney at Law by the closing agent either directly or through the Lender, that HAY DARBY PLLC, Attorney at Law has not undertaken, in any manner, to assist or render legal advice to the Seller with respect to this transaction, and that HAY DARBY PLLC, Attorney at Law makes no representations to the Seller that it has undertaken any independent effort to verify the information provided to HAY DARBY PLLC, Attorney at Law and utilized for the preparation of the warranty deed or other instruments. Seller is further advised to consult its own legal counsel before signing the warranty deed. OWER S) OR SPOUSE OF BORROWER: gp ■-iiiw- - Borrower - Borrower CY IA HAYNES CITY OF HUNTSVILLE - Borrower - Borrower By: Name: � "' Air .-1 Title: 4/ t Return the original to HAY DARBY PLLC, Attorney at Law. Return photocopies to Borrower and Seller, if applicable. ORIGINAL Form - HCATTNY2 -3096 (Ver. 03 -2014) FLOOD INSURANCE AUTHORIZATION RE: CYNTHIA HAYNES 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 The National Flood Insurance Reform Act of 1994 mandates the purchase of flood insurance when appropriate, if available. Therefore, the above referenced Borrower(s) hereby authorize(s) Lender, and its assigns, to purchase flood insurance during the life of the loan secured by the above - described property. This authorization is extended only in the case where a determination is made subsequent to closing that flood insurance is necessary, because the Lender has determined the improved real property or mobile home and personal property securing the loan is located both in a Special Flood Hazard are (SFHA) as determined by the Director of the Federal Emergency Management Agency (FEMA), and in a community participating in the National Flood Insurance Program (NFIP). In such event, unless a different standard is permitted by law or regulation and such standard is imposed, flood insurance shall be purchased in the amount of the loan or the maximum amount available under the NFIP, whichever is less. At any time during the life of the loan secured by the above - described Property, such flood insurance policy may be purchased from the agent designated by Borrower(s) and subsequently furnished to Lender. The premiums and fees incurred shall be paid by Borrower(s) and may be paid from the escrow funds on hand and the proper adjustments made to the monthly payments. Borrower(s) agrees that if the Lender or Servicer is escrowing for items such as taxes and property insurance, they are required to also escrow for required flood insurance costs. Lender shall provide Borrower(s) with written notice that flood insurance must be purchased, the amount necessary, and an estimate of the cost. If a response is not received from the Borrower(s) within 45 days of such notice, Lender is hereby authorized to force -place the required flood insurance from whatever source advisable under the circumstances and provide the Borrower(s) with a copy of the policy. If there is a dispute or uncertainty on the part of the Lender or Borrower about the flood determination, they may jointly request FEMA to review and resolve whether the building or mobile home or personal property in question is located in an SFHA. FEMA will review the determination and provide the Lender and Borrower(s) a final determination within 45 days. M./ r� �i Ji�Ii ,i • . orrower CYNTHIA HAYNES - Borrower - Borrower CERTIFICATION BY SELLER(S) - Borrower This is to certify that the above - referenced Property which I /we are selling is not now (or to the best of my /our knowledge ever been) located in a flood hazard area. - Seller - Seller - Seller - Seller LOAN NO.: 77099991268c Flood Insurance Authorization Fonn - FLDINSAU -6298 (Ver. 02 -2009) ORIGINAL SPECIFIC CLOSING INSTRUCTIONS Date: 06 -26 -14 Borrower: HAYNES Loan No.: 77099991268c IN ADDITION, THE FOLLOWING CONDITIONS FOR LOAN APPROVAL ARE REQUIRED PRIOR TO FUNDING. SCHEDULE A LOAN AMOUNT AND LENDER NAME FOR 2ND LIEN TO MATCH 2ND LIEN DOCUMENTS TITLE TO ATTACH EXHIBIT A TO ALL REQUIRED LEGAL DOCUMENTS BEFORE RECORDING TITLE TO ISSUE FULL SURVEY DELETION AND T -19 WITH NO EXCEPTIONS TTTLE TO CLEAR SCHEDULE C SURVEYOR TO ADD STREET NAME AND LABEL STREET OR T -19 Specific Closing Instructions Form - GMCLOS3-4082 (Ver. 11 -2012) Page 3 of 6 FEDERAL TRUTH -IN- LENDING DISCLOSURE STATEMENT Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 221 EAST 11TH STREET AUSTIN, TRAVIS COUNTY, TEXAS 78701 Borrower(s): CYNTHIA HAYNES Property Address: 117 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 Mailing address: Date: 06 -26 -14 Loan No.: 77099991268c Loan Amount: $ 15,594.00 Interest Rate: 0.00 % ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of your credit as a yearly rate. The dollar amount the credit The amount of credit provided The amount you will have will cost you. to you or on your behalf. paid after you have made all payments as scheduled. 0.00 (Yu $ 0.00 $ 15,594.00 $ 15,594.00 INTEREST RATE AND PAYMENT SUMMARY to and Annual Payment` Interest Rate 0.00. Principal + Interest Payment 1,559.40 Estimated Taxes + Insurance (Escrow) .00 Total Estimated Annual Payment $ 1,559.40 There is no guarantee that you will be able to refinance to lower your rate and payments. Demand Feature: This obligation ( ) has a demand feature ( XX ) has no demand feature. Variable Feature: This obligation ( ) has a variable rate feature ( XX ) has no variable rate feature. If this loan contains a variable rate feature, disclosure about the variable rate feature have been provided to you earlier. Please refer to your Adjustable Rate Mortgage Disclosure for additional information regarding interest rate and payment changes. Security: You are giving a security interest in the property located at: 117 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 Late Charge: If the payment is more than Prepayment: If you pay off early, you ( ( 10 days late, you will be charged 5 .000 % of the payment of principal and interest. ) may ( XX ) will not have to pay a penalty. ) may ( XX ) will not be entitled to a refund of part of the finance charge. Insurance: You may obtain property insurance from anyone you want that is acceptable to the Creditor. Credit life and credit disability insurance ( ) are ( XX ) are not required to obtain credit. Assumption: Someone buying your home ( XX) may not ( ) may ( ) may, subject to conditions, be allowed to assume the remainder of the mortgage on the original terms. Filing Fees: $ See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, prepayment refunds, penalties, security interest and the policy of the Creditor regarding assumption of the mortgage. YOU ARE NOT REQUIRED TO COMPLETE THIS AGREEMENT MERELY BECAUSE YOU HAVE RECEIVED THESE DISCLOSURES OR SIGNED A LOAN APPLICATION. I (W hereby . ck owledge recfivi)►g and reading a completed copy of the disclosures made in this notice. Date Borrower Borro let CYNTHIA HAYNES Borrower Docprep Services, Inc. Fonn - REGZF -9625 (Rev. 01 -2012) ORIGINAL Date Date Borrower (I/weer Oempled) (Purchase) Date ITEMIZATION OF AMOUNT FINANCED Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: 06 -26 -14 221 EAST 11TH STREET Loan No.: 77099991268c AUSTIN, TRAVIS COUNTY, TEXAS 78701 Loan Amount: 15,594.00 Borrower(s): CYNTHIA HAYNES Interest Rate: 0 . 00 AMOUNT FINANCED $ 15,5 94 .00 AMOUNT PAID TO OTHERS ON YOUR BEHALF: PREPAID FINANCE CHARGES: for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for for E$ . 00 TOTAL PAID TO OTHERS E $ for PREPAID INTEREST DAYS $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for $ for E $ . 00 TOTAL PREPAID FINANCE CHARGES UWe ereby o� ledge the gece)pt of this Itemization of the Amount Financed. Borro 6/1--) CYNTHIA HAYNES E - Means an Estimate b - Means Fee Paid to Broker POC - Means Paid Outside of Closing PBS - Means Fee Paid by Seller PBL - Means Fee Paid by Lender PBB - Means Fee Paid by Broker PBR - Means Fee Paid by Realtor PBO - Means Fee Paid by Other Other - { } Means Credit or Negative Amount Date Borrower Date Borrower Date Borrower Date Itemization of Amount Financed Form - REGZITM - 9634 (Ver. 08 -2009) ORIGINAL (Owner Occupied) (Purchase) -HCO LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BORROWER(S): CYNTHIA HAYNES LOAN AMOUNT: $ 15,594.00 PROPERTY: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LOAN NO: 77099991268c DATE: JUNE 26, 2014 MINERAL RIGHTS ACKNOWLEDGMENT AND AGREEMENT Borrower is executing this Mineral Rights Acknowledgment and Agreement as a material inducement to Lender to make Borrower the Loan secured by liens on the Property. Borrower understands that the Property may be subject to mineral development rights, the exercise of which could result in a taking or damage to any or all of the Property. Borrower further understands that the party desiring to exercise its mineral, development rights may give notice of its intention to exercise such rights and may be liable to Borrower for reimbursement of any taking or any damage to the Property resulting from its exercise of such mineral development rights. Borrower hereby agrees to immediately give written notice to Lender (1) at the Lender's address as set forth in the Deed of Trust securing the Loan, or (2) at such other place as Lender, or noteholder if different than Lender, may direct Borrower in writing from time to time, of any action or proposed action to be taken in connection with the development of mineral rights in, on or around the Property. Borrower further agrees that if there is (1) any taking or damage to the Property and (2) if any reimbursement or compensation is paid for such taking or damage, then such reimbursement or compensation shall be paid directly to the Lender or noteholder if different from Lender, and applied by Lender, first, to the reduction of the principal balance of the note evidencing the Loan, and then to any and all charges accruing thereon incuding accrued and unpaid interest therein as long as the Loan remains outstanding and unsatisfied. Further, Borrower agrees that Borrower will neither consent to nor execute any documents to transfer, convey, assign, sell, or lease any mineral development rights on the Property to any person or entity during the term of the Loan, without prior written consent of Lender. Borrower agrees to defend, indemnify and hold Lender, its successors or its assigns, harmless from any and all loss, damage or expense arising from or related to the Borrower not giving Lender, its successors or its assigns, proper and timely notice of any exercise or threatened exercise of mineral development rights in or upon the Property by any person or entity. Borrower hereby acknowledges that Borrower has read this Agreement and fully understands its terms and implications and Borrower is executing this Agreement the same day as the date of execution of Note and Deed of Trust evidencing and securing the Loan, as a material inducement to Lender to make the Loan on the Property. Nothing herein is intended to conflict with any provision of the Note and Deed of Trust, but is to be an amplification thereof. Borrower further represents to Lender that there is no current surface activity in connection with oil, gas or mineral exploration or production within a distance of 500 feet from any boundary of said Property. CY HIA HAYNES - Borrower - Borrower THE STATE COUNTY OF - Borrower } This instrument was acknowledged before me on the by CYNTHIA HAYNES \\\�� \ \ \`t1111 t If`�r�f�p� • - Borrower 2evy =a,ax rThr My Commission E�cpIres' %'� '••, ........ ,.• is• 0\\\ 499I1114`.� Mineral Rights Achnowledgment and Agreement Form - MINERAL3 -4238 (Ver. 05 -2009) ORIGINAL SERVICING DISCLOSURE STATEMENT Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Borrower: CYNTHIA HAYNES Property Address: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Date: JUNE 26, 2014 Loan No.: 77099991268c NOTICE TO FIRST LIEN MORTGAGE LOAN APPLICANTS: THE RIGHT TO COLLECT YOUR MORTGAGE LOAN PAYMENTS MAY BE TRANSFERRED. You are applying for a mortgage loan covered by the Real Estate Settlement Procedures Act (RESPA) (12 U.S.C. 2601 et seq.). RESPA gives you certain rights under federal law. This statement describes whether the servicing for this loan may be transferred to a different loan servicer. "Servicing" refers to collecting your principal, interest, and escrow payments, if any, as well as sending any monthly or annual statements, tracking account balances, and handling other aspects of your loan. You will be given advance notice before a transfer occurs. Servicing Transfer Information The following is the best estimate of what will happen to the servicing of your mortgage loan: We may assign, sell, or transfer the servicing of your loan while the loan is outstanding. ID We do not service mortgage loans of the type for which you applied. We intend to assign, sell or transfer the servicing of your mortgage loan before the first payment is due. O The loan for which you have applied will be serviced at this financial institution and we do not intend to sell, transfer, or assign the servicing of the loan. By signing below, I /we acknowledge receiving a copy of this disclosure. 4,•'' /#i/ Seal) (Seal) - Borrower - Borrower CY /IA HAYNES (Seal) (Seal) - Borrower - Borrower Servicing Disclosure Statement Fonn - SERVDISI -6283 (Ver. 01 -2009) ORIGINAL Borrower's Certification and Quality Control Authorization As part of an ongoing effort to assure that all mortgage loans are originated in accordance with accepted standards of professional ethics and business practices, a quality control audit is performed on a random sampling of loans. As a result of this sampling, an audit may be performed on your loan before or after closing. Certification The undersigned certify the following: 1. UWe have applied for a mortgage loan from TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender). In Applying for the loan, I /we completed a loan application containing various information on the purpose of the loan, the amount and source of the downpayment, employment and income information, and assets and liabilities. 1/We certify that all of the information is true and complete. I /We made no misrepresentations in the loan application or other documents, nor did Uwe omit any pertinent information. 2. I /We understand and agree that TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) reserves the right to change the mortgage loan review process to a full documentation program. This may include verifying the information provided on the application with the employer and/or the financial institution. 3. I/We fully understand that it is a Federal crime punishable by fine or imprisonment, or both, to knowingly make any false statements when applying for this mortgage, as applicable under the provisions of Title 18, United States Code, Section 1014. Authorization to Release Information To Whom It May Concern: 1. UWe have applied for a mortgage loan from TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender). As part of the application process or the quality control audit, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) and the mortgage guaranty insurer (if any), may verify or re- verify information contained in my /our loan application and in other documents required in connection with the loan, either before or after the loan is closed. 2. I \We authorize you to provide to TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) or a third party authorized by the Lender, and to any investor to whom TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) may sell my mortgage, and to the mortgage guaranty insurer of any), and all information and documentation that they request. Such information includes, but is not limited to, employment history and income; bank, money market, and similar account balances; credit history; and copies of income tax returns. 3. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) or any investor that purchases the mortgage, or the mortgage guaranty insurer (if any), may address this authorization to any party named in the loan application. 4. A copy of this authorization may be accepted as an original. 5. Your prompt reply to TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS that purchased the mortgage or the mortgage guaranty insurer (if any) is appreciated. 6. Mortgage guaranty insurer (if any): (the Lender) or the investor Bo r CYNTHIA HAYNES Date Borrower Date Borrower Date Borrower LOAN NO.: 77099991268c Borrower's Cert and QC Authorization Form - FNMA1097 -0208 (Ver. 02 -2011) ORIGINAL Date FNMA FORM 1097 DOCUMENT CORRECTION AGREEMENT LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas BORROWER: CYNTHIA HAYNES PROPERTY: 117 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 DATE: JUNE 26, 2014 AGREEMENT TO CORRECT MISSTATED INFORMATION OR PROVIDE ADDITIONAL DOCUMENTATION OR FEES: In consideration of Lender disbursing funds for the closing of the Loan secured by the Property being encumbered, and regardless of the reason for any loss, misplacement, or inaccuracy in any Loan documentation, Borrower(s) agrees as follows: If any document is lost, misplaced, misstated or inaccurately reflects the true and correct terms and conditions of the Loan, upon request of the Lender, Borrower(s) will comply with Lender's request to execute, acknowledge, initial and deliver to Lender any documentation Lender deems necessary to replace or correct the lost, misplaced, misstated or inaccurate document(s). If the original parity lien real estate note is replaced, the Lender hereby indemnifies the Borrower(s) against any loss associated with a demand on the original note. All documents Lender requests of Borrower(s) shall be referred to as "Replacement Documents." Borrower(s) agrees to deliver the Replacement Documents within ten (10) days after receipt by Borrower(s) of a written request for such replacements. Borrower(s) also agrees that upon request Borrower(s) will supply additional amounts and/or pay to Lender any additional sum previously disclosed to Borrower(s) as a cost or fee associated with the Loan, which for whatever reason was not collected at closing. REQUEST BY LENDER: Any request under this Agreement may be made by the Lender, (including assignees and persons acting on behalf of the Lender) or Settlement Agent, and shall be prima facie evidence of the necessity for same. A written statement addressed to Borrower(s) at the address indicated in the Loan documentation shall be considered conclusive evidence of the necessity for Replacement Documents. BORROWER LIABILITY: If Borrower(s) fails or refuses to execute, acknowledge, initial and deliver the Replacement Documents or provide the Additional Documents or fees to Lender more than ten (10) days after being requested to do so by Lender, and understanding that Lender is relying on these representations, Borrower(s) agree(s) to be liable for any and all loss or damage which Lender reasonably sustains thereby, including but not limited to all reasonable attorney's fees and costs incurred by Lender. FAILURE TO DELIVER REPLACEMENT DOCUMENTS CAN CONSTITUTE DEFAULT: Borrower's failure or refusal to comply with the terms of the correction request may constitute a default under the note and/or deed of trust, and may give Lender the option of declaring all sums secured by the loan documents immediately due and payable. This Agreement shall survive the closing of the Loan, and inure to the benefit of Lender's successors and assigns and be binding upon the heirs, devisees, personal representatives, successors and assigns of Borrower(s). BORROWER: Bo CYNTHIA HAYNES /l(C -1 It Date Borrower Date Borrower LOAN NO.: 77099991268c TDHCANSPERROR Fonn - TDHCADOC -1985 (Ver. 09-1013) Date Borrower Date ORIGINAL JUNE 26, 2014 NOTICE OF INVALIDITY OF ORAL AGREEMENTS TO: Borrower and all other Debtors, Contractors and Obligors with respect to the Loan which is identified below. 1. THE WRITTEN LOAN AGREEMENT REPRESENTS 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. 2. As used in this Notice: "Borrower" means the Borrower identified below. "Debtor" and "Obligor" means any entity or individual who (i) is obligated to pay the Note or (ii) otherwise is or becomes obligated to pay the Loan (for example, as cosigner or guarantor) or (iii) has pledged any property as security for the Loan. "Lender" means Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas. "Loan" means the loan by Lender which is to be evidenced by NSP Deferred forgivable Subordinate Lien Note, dated of even date herewith, executed by Borrower, payable to the order of Lender in the original principal face amount of $ 15,594.00 ( "Note "). "Loan Agreement" means one or more promises, promissory notes, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan. 3. This Notice is given by Lender with respect to the Loan, pursuant to Section 26.02 of the Texas Business and Commerce Code. Each Borrower, Debtor, Contractor and Obligor who signs below acknowledges, represents, and warrants to Lender that Lender has given and such party has received and retained a copy of this Notice on the date stated above. BORROWER: LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Name: Its: Duly authorized officer or representative LOAN NO.: 77099991268c Form - TDHCAORI -1208 (Ver. 11 -2013) ORIGINAL JUNE 26, 2014 NOTICE OF INVALIDITY OF ORAL AGREEMENTS TO: Borrower and all other Debtors, Contractors and Obligors with respect to the Loan which is identified below. 1. THE WRITTEN LOAN AGREEMENT REPRESENTS 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. 2. As used in this Notice: "Borrower" means the Borrower identified below. "Debtor" and "Obligor" means any entity or individual who (i) is obligated to pay the Note or (ii) otherwise is or becomes obligated to pay the Loan (for example, as cosigner or guarantor) or (iii) has pledged any property as security for the Loan. "Lender" means Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas. "Loan" means the loan by Lender which is to be evidenced by NSP Deferred forgivable Subordinate Lien Note, dated of even date herewith, executed by Borrower, payable to the order of Lender in the original principal face amount of $ 15,594.00 ( "Note "). "Loan Agreement" means one or more promises, promissory notes, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan. 3. This Notice is given by Lender with respect to the Loan, pursuant to Section 26.02 of the Texas Business and Commerce Code. Each Borrower, Debtor, Contractor and Obligor who signs below acknowledges, represents, and warrants to Lender that Lender has given and such party has received and retained a copy of this Notice on the date stated above. BORROWER: CYNTHIA HAYNES LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Te By: Name: vt4A4'jni "7 L, NOLteed4 Its: Duly authorized officer or representative LOAN NO.: 77099991268c Fonn - TDIICAORI -1208 (Ver. 11 -2013) ORIGINAL