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image191636/12/2014 2:31:09 PM 9 Hfo,,, 4: 65'1$ OMB Approval No. 2502 -0265 A. Settlement Statement (HUD-1) B. Type of Loan 1.0 FHA 2. ■ RHS 3.®Conv. Unins. 4.0 VA 5. • Cony. Ins. ❑ Other 6. File Number: 2013111222 7. Loan Number: 167000 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 Lee Roy Bryant, PO Box 1394, Huntsville, TX 77342 of Borrower: E. Name & Address City of Huntsville, 1212 Avenue M, Huntsville, TX 77340 of Seller: F. Name & Address First National Bank of Huntsville, P. O. Box 659, Huntsville, TX 773420659 of Lender: Texas Dept. of Housing & Community Affairs, 221 East 11th Street, Austin, TX 78701 G. Property Location: Lot 4 of Vann - Johnson Subdivision, containing 0.196 acres, Walker County 119 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: 6/13/2014 Proration Date: 6/13/2014 Disbursement Date: 6/13/2014 J. Srtary owes n a o a $et 100 roes it nt ue " Borrower �. : �, 101. Contract sales price $91,500.00 401. Contract sales price $91,500.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) $3,627.68 403. 104. 404. 105. 405. Ad j ustments for 'terns , ald;b s elterin edValce ., umns fm ad,byi 'mer in °advanc eAdjstet for fi f 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 Closing Cost Credit $3,659.68 112. 412. TDHCA Loan Write Down $1,173.79 120. Gross Amount Due from Borrower $95,127.68 420. Gross Amount Due to Seller $96,333.47 ,200.,:k- Amounts -Patel 1t' r,'fn, Behatf of Borrower x .µ h . _ ' '; 500, MReductio 9j "Amount i)ue to Se'leX 201. Deposit or earnest money $500.00 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) $86,925.00 502. Settlement charges to seller (line 1400) $525.00 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Principal Amt Loan #2 from Texas Dept. of Housing $4,575.00 504. Payoff of first mortgage loan Payoff to Texas Dept. of $91,560.33 205. 505. Payoff of second mortgage loan 206. Credit Report Credit from First National Bank of Hunt $3.00 506. 207. 507. 208. Seller Pays for Owners Title Policy Premium $817.00 508. Seller Pays for Owners Title Policy Premium $817.00 209. Seller Paid Closing Costs $2,342.68 509. Seller Paid Closing Costs $2,342.68 � Adjustments fgr terns °unpaid by;seile {x .,h "d � d iiiit nentrt' }4r` MO i A' j �� , ;u �a��by aHer 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. 216. 516, 217. 517. 218. 518. 219. 519. 220. Total Paid by /for Borrower $95,162.68 520. Total Reduction Amount Due Seller $95,245.01 ash at,Settlemenifrom /to'Borrower< { vzk 600. Cash 301. Gross amount due from borrower (line 120) $95,127.68 601. Gross amount due to seller (line 420) $96,333.47 302. Less amounts paid by /for borrower (line 220) ($95,162.68) 602. Less reductions in amount due seller (line 520) ($95,245.01) 303. Cash ❑ From ® To Borrower $35.00 603. Cash ® To ❑ From Seller $1,088.46 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 retum, 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 no • rovide the Settlement Agent wi • your correct taxpayer identification number, you may be subject to civil or criminal penalties. City of Huntsville 7' 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 6/12/2014 2:29:46 PM File Number: 2013111222 1 S itletr en �Ghabges ., ` _ .�.. , M ; �R ��gg������� � yp� � }:: - $.. <� ?�. � .�`, -. t. �'1ffi�41;?� , ei I's .s �n .. Y" ,� 4 r� F•. ,>.'�#yA � v $'�°D 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 , 'tteimssPayabie in COnne tion ri Loarvff 801. Our origination charge First National Bank of Huntsville ** $175.00 (from GFE #1) 802. Your credit or charge (points) for the specific interest rate chosen (from GFE #2) 803. Your adjusted origination charges to First National Bank of Huntsville (from GFE A) $175.00 804. Appraisal fee (from GFE #3) 805. Credit report to Equifax (from GFE #3) $3.00 806. Tax service (from GFE #3) 807. Flood certification to Wolter Kluwers Financial (from GFE #3) $4.00 808. Flood Determination Fee to Wolter Kluwers Financial $9.00 809. 810. Texas Doc Prep APR to PeirsonPatterson, LLP (Inc. Line 801 above) 814. 900. Items Required, by Lender.to'Be Paid In Advance , 901. Daily interest charges from (from GFE #10) 902. Mortgage insurance premium for (from GFE #3) 903. Homeowner's insurance for 1 year to Cates Insurance (from GFE #11) $503.00 904. 905. 900Q . Reserves Deposited'wtth Lei der 1001. Initial deposit for your escrow account (from GFE #9) $1,173.28 1002. Homeowner's insurance 1 mo. @ $41.9200 per mo. $41.92 1003. Mortgage insurance 1004. City property taxes 1005. County property taxes 7 mo. @ $197.5600 per mo. $1,382.92 1006. Annual Assessments (maint.) 1007. 1008. 1009. Aggregate Adjustment ($251.56) 71'100' Tl le hats ®S 1101. Title services and lender's title insurance (from GFE #4) $755.40 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 $86,925.00 1106. Owner's title policy limit $91,500.00 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. TDHCA 2nd Lien MTP + Endorsements to Walker County Title Company $200.00 1110. Guaranty Recoupment Fee (3 policies) to Walker County Title Company $5.40 1111. Escrow /Closing Fee to Walker County Title Company $300.00 1112. Tax Certificate to Walker County Title Company $10.00 1113. Delivery Fee to Walker County Title Company $25.00 1114. Wire Fee to Walker County Title Company $15.00 1115. 7200 ;G6uewnmerl� Rec4rdiltg ,andTmgsferbchargee;�_ , � ����� � t�, �= ... v s a 1201. Government recording charges (from GFE #7) $128.00 1202. Deed $42.00 Mortgage $86.00 Releases $30.00 $128.00 $30.00 1203. Transfer taxes (from GFE #8) 1204. City /County tax/stamps 1205. State tax/stamps 1206. UCC Recording Costs to Walker County Title Company $60.00 1300 : -Additlonal Settlement Charges 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. Homeowner Training POCB $35.00 1306. 1307. Property Taxes - City is Tax Exempt 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) $3,627.68 8525.00 •• Includes Origination Point ($175.00). 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 Comparison of,Good Etlth f~sttrriate,�tGF 6/12/2014 2:29:46 PM and�HijA A :barges ThatCannot Inc rem ft File Number: 2013111222 Our origination charge # 801 $175.00 $175.00 Your credit or charge (points) for the specific interest rate chosen # 802 $0.00 $0.00 Your adjusted origination charges # 803 $175.00 $175.00 Transfer taxes # 1203 $0.00 $0.00 Cfiarges That iri'7atat Cannot IncreaseMart Than a"0 Government recording charges # 1201 0(?od Ffiitti E mate $125.00 $128.00 Credit report to Equifax # 805 $3.00 $3.00 Flood certification to Wolter Kluwers Financial # 807 $4.00 $4.00 Flood Determination Fee to Wolter Kluwers Financial # 808 $9.00 $9.00 Title services and lender's title insurance # 1101 $631.80 $755.40 Owner's title insurance to Walker County Title Company # 1103 $900.00 $817.00 $1,672.80 $1,716.40 :,tt crease be' een.GFE and1H $43.60 or 2.606408% Charges Thet,Can Chan• oodFaithitS Initial deposit for your escrow account # 1001 $637.76 $1,173.28 Daily interest charges # 901 $0.00 $0.00 Homeowner's insurance # 903 $600.00 $503.00 Loan Terms Your initial loan amount is $86,925.00 Your loan term is 30.00 years r N/A Your initial interest rate is 5.000 % Your initial monthly amount owed for principal, interest, and any mortgage insurance is $466.84 includes 1' - Principal r N/A 37 Interest r Mortgage Insurance Can your interest rate rise? 37 No. r Yes, it can rise to a maximum of %. The first change will be on and can change again every after . Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. Even if you make payments on time, can your loan balance rise? i' No. r Yes, it can rise to a maximum of . r Unknown Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? r No. r Yes, the first increase can be on and the monthly amount owed can rise to . The maximum it can ever rise to is . Does your loan have a prepayment penalty? F No. r Yes, your maximum prepayment penalty is . Does your loan have a balloon payment? 37 No. r Yes, you have a balloon payment of due in years on Total monthly amount owed including escrow account payments r `Paid by or through draws from the principal limit. r You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. 17 You have an additional monthly escrow payment of $239.48 that results in a total initial monthly amount owed of $706.32. This includes principal, interest, any mortgage insurance and any items checked below: 37 Property taxes r✓--•' Homeowner's insurance r Flood insurance r r r Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. Previous editions are obsolete Page 4 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. Seller(s): City of Huntsville 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. er County Title Company June 13, 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.: 2013111222 HUD 1 Certification Page 1 of 1 CALL A VOL. LEGEND FOUND MONUMENTTION (TYPE NOTED) METER BOX POWER LINES FENCE EDGE OF ASPHALT D 0.62 ACRES E JOHNSON 96, PACE 192 NO2 35'47 "W 57.00' b E.- ' — Q PER PLAT J END S%8 "� R ----------- - — -' — N87-24 '1,3"E T IINF CLEAN OUT 0 WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY, TEXAS PLAT RECORDS WALKER COUNTY, TEXAS D.R.W.C.T. O.P.R.W.C.T. P.R.W.C.T. Q �j A 2P LOT 5 5 30 SCALE: 1" ^ 30' 60 W /CAP 150.16' r- a H FND. 5 8'7. R. v /CAP liRLEc SE� IN% O 1n 8 10' B.L. PER PLAT — S P 1– STORY o: ° a, BRICK N, 'PN' BUILDING ' 19.0' Cj CONC CAL VOL. A D 0.21 ACRES TTY RANDEL 94, PACE 180 RIL 8, 1940 DRIY.C,T. I here . made that tk, time substa Profess Cotego PLAT YOR'S CERTIFICATE certify to The City of Huntsville that this survey was n the ground and completed on November 9, 2012 is drawing correctly represents the facts found at the of survey and that this professionol service tially conforms to the current Texas Society of Tonal Surveyors Standards and Specificotions for o y 19, Condition II Survey. S87 24'13 "W LOT LINE Q ERVICE I POLE „ FNO. 5/8 1. I.R. 150.16_ — _ — �-^ — -- - 21�� W /CAP ` 1I_ I CALLED 50' ADAD PT. RESIDUE S fA CO. LOT 3 a GIBBS BRO (ADICKES TRACT No. 9) n�' VOL. 85, PACE `161 lJ 1 D.R.WC.T. cl I 10' B, L, PER PLAT VANN -JOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. Step R.P.L. 2. He No. 3,80 & Ea Coors Surve "GRID 3. closu the t M' .ChruszczaIC No. 5937 S: This survey was performed without the benefit of o Title itment. izontal Control is bosed on holding City of Huntsville Monuments 74 (grid coordinate of North = 10,262.485.31 ez East= 009.473) and 7575 (grid coordinate of North = 10,262.526.24 t= 3,801,780.255). Bearings described are related to the Texas inate System of 1983, Central Zone. Distances shown are US Feet in "Field Horizontal" units and may be converted to ' units by multiplying by a combined scale factor of 0.99988. quore footage totals shown hereon are based on mathematical es and do not necepsorily represent the positionol accuracy of undary monumentatibn. ASBUILT SURVEY OF LOT 4 OF VANN- JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions,LLC 25814 8udde Road Spring. Texas 77380 Phone: 281- 681 -9766 Fax: 281- 681 -9779. Drawing By. KC Data 11/12/12 Stole: 1 " -30' Chocked By SC F.B.: N/A Project No 11 -249 -027 Drawing Noma LOT4— ASB.DWG Atioo/1CM No. N/A NJETES AND BOUNDS DESCRIPTION of !Lot 4 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 4 of the Vann- Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by .deed and recorded in Volume 955, Page 720 of Official Public .Records of Walker County, Texas (O.P.R.W.C.T.); said 0.196 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 -inch iron rod with cap in the westerly line of that certain called 50' wRoad as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the southeasterly corner of Lot 5 of said Vann - Johnson Subdivision, same being the northeasterly corner of said Lot 4, and being in the easterly line of said 1.17 acre tract; }rIIENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' oad, being the easterly line of said Lot 4 and said 1.17 acre tract to a found 518 -inch iron rod vith cap for the northeasterly corner of Lot 3 of said Vann - Johnson Subdivision, being the outheasterly corner of said Lot 4; c , THENCE, South 87 °24'13" West, a distance of 150.16 feet, along the northerly line of.said Lot 3, being the southerly line of said Lot 4 to a found 5/8 -inch iron rod with cap in the easterly line 6f that certain called 0.21 are tract of land conveyed to Betty Rancid by deed and recorded in Volume 94, Page 180 of said Deed Records, being the northwesterly corner of said Lot 3, same Volume the southwesterly co.r•�ner of said Lot 4, and being in the westerly line of said 1.17 acre tract; !HENCE, North 02 °35'47" West, a distance of 57.00 feet, along the easterly l' m e of said 0.21 etare tract and that certain called 0.62 acre tract of land conveyed to Abe Johnson by deed and corded in Volume 96, Page 192 of said Deed Records, being the westerly line of said Lot 4 and ,aid 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of said. Lot 5, being the northwesterly corner of said Lot 4; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 5, being the northerly line of said Lot 4 to the Point of Beginning and containing 0.196 of an acre ' f 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. repared by: geoSolutions, LLC 25814 Budde Road pring, Texas Tel. 281 - 681 -9766 Job No. 11-249-027 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTERESb IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLI RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICEN E 2 8: NUMBER. C 9 �rC Wrrnm� -.. GENERAL WARRANTY DEED WITH VENDOR'S LIEN \ m '°' rn THE STATE OF TEXAS § N ,, J i § KNOW ALL BY THESE PRESENTS: THAT o m C COUNTY OF WALKER § CITY OF HUNTSVILLE, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS ( "Grantor "), whose mailing address is /(2,/ ?ve,JoG/4 tiv 5V'LLL, ems 7I3?6 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 LEE ROY BRYANT, AN UNMARRIED MAN ( "Grantee "), whose mailing address is 119 AVENUE D, HUNTSVILLE, TEXAS 77320 -4835, and in consideration of a Note of even date executed by Grantee and payable to the order of FIRST NATIONAL BANK OF HUNTSVILLE in the principal amount of $86,925.00, which Note is secured by a first and superior vendor's lien and superior title retained in this Deed in favor of FIRST NATIONAL BANK OF HUNTSVILLE and by a first -lien Deed of Trust of even date from Grantee to LORRI LEHMAN, 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 $4,575.00, 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, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT FOUR (4), 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 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 Page 1 of 2 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 /3 day of June, 2014. GRANTOR: CITY OF HUNTSVILLE, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS By: ��?�� G�„ G � 'y/ 7/(-71'7 Name: ,% / /1}5 bpt.1,44-O Title: ACKNOWLEDGEMENT STATE OF TEXAS w/ al412_,L) COUNTY OF § 3 Before me, a Notary P b ic, on the day o �— f person 11Y,�,a pearedC. f ►�'� 0 the I r '2� CITY OF HUNTSViILLE, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS, on behalf of such entity, who acknowledged that they did sign the foregoing instru�nd acknowledged to me that they executed the same for the uses and purpo �: ': :. ; deration therein expressed. 2014, of AFTER RECORDING, RETURN TO: Lee Roy Bryant 119 Avenue D Huntsville, Texas 77320 -4835 N : ry Pub ik, State of Texas Page 2 of 2 METES AND BOUNDS DESCRIPTION of Lot 4 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 4 of the Vann- Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that cettain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.196 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 -inch iron rod with cap in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the southeasterly corner of Lot 5 of said Vann - .Johnson Subdivision, same being the northeasterly corner of said Lot 4, and being in the easterly line of said 1.17 acre tract; TIIENCE, 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 4 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap for the northeasterly corner of Lot 3 of said Vann - Johnson Subdivision, being the southeasterly corner of said Lot 4; THENCE, South 87 °24'13" West, a distance of 150.16 feet, along the northerly line of.said Lot 3, being the southerly line of said Lot 4 to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in Volume 94, Page 180 of said Deed Records, being the northwesterly corner of said Lot 3, same being the southwesterly comer of said Lot 4, 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 0.21 acre tract and that certain called 0.62 acre tract of land conveyed tb Abe Johnson by deed and recorded in Volume 96, Page 192 of spid Deed Records, being the westerly line of said Lot 4 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of said Lot 5, being the northwesterly corner of said Lot 4; THENCE, North 87 °24'13" East,, a distance of 150.16 feet, along the southerly line of said Lot 5, being the northerly line of said Lot 4 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 = 10,262,48531 & 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 Ue converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11-249-027 A STEPHEN M.CHAUSZCZAK 37 "1 '1'U S U RV Esl() - EXHIBIT "A" PAGE OF -L File No.: Closing Date: Seller: Buyer: Property: 2013111222 June 13, 2014 City of Huntsville Lee Roy Bryant 119 Avenue D, Huntsville, TX 77340 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. SELLERS: I, lie-ft-- City of Huntsville PURCHASERS: 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: 2013111222 Subject Property: 119 Avenue D, Huntsville, TX 77340 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 such property secured by financing statement, security agreement or otherwise except the following: Creditor ,f J,,�� /9 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 assessments of any kind on such property except the following: Creditor,., 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 due for the construction of improvements have been fully paid and satisfied, except the following: (If NONE, write "NONE" on blank line) 4. No leases, contracts 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, loss 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 representations were made. If Seller or Borrower is an entity, I have authority to sign on its behalf. Dated this _(3 -117G Ctt untsvilL le Sworn befog day of June, 2014. No Public ! and for the M Commission Expires: !F / * NOTE: This form is to be filled in by Seiler 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.: 2013111222 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 Lee Roy Bryant File No.: 2013111222 Land: 119 Avenue D, Huntsville, TX 77340 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 13, 2014 File No.: 2013111222 Waiver of Inspection and Disclosure to Owner WA3 Page 1 of 1 HAY DARBY PLLC Attorney at Law 402 West 7th Street Telephone (512) 467 -6060 Austin, Texas 78701 Facsimile (512) 467 -6161 Borrower: LEE ROY BRYANT Property Address: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Loan No.: 77099991269c 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. BORROWER(S) OR SPOUSE OF BORROWER: EE ROY BR ANT - Borrower - Borrower CITY OF HUNTSVILLE - Borrower - Borrower By: Name: 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) JUNE 12, 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 $ 4,575.00 ( "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: LEE ROY BRYANT LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of e State of Texas By: Name: Altitelro- WuW-41c441.7- eioao60 eily Its: Duly authorized officer or representative LOAN NO.: 77099991269c Form - TDHCAORI -1208 (Ver. II-2013) ORIGINAL FLOOD INSURANCE AUTHORIZATION RE: LEE ROY BRYANT 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 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. E ROY BR ANT - Borrower - Borrower - Borrower - Borrower CERTIFICATION BY SELLER(S) 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. - Se ller CITY OF HUNTS E - Seller - Seller - Seller LOAN NO.: 77099991269c Flood Insurance Authorization Fonn - FLDINSAU -6298 (Ver. 02 -2009) ORIGINAL 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): LEE ROY BRYANT Property Address: 119 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Mailing address: Date: 06 -12 -14 Loan No.: 77099991269c Loan Amount: $ 4 , 575.00 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 $ 4,575.00 $ 4,575.00 INTEREST RATE AND PAYMENT SUMMARY Rate and Annual Payment Interest Rate .............................. 0.00!!'. Principal + Interest Payment 915.00 Estimated Taxes + Insurance (Escrow) .00 Total Estimated Annual Payment $ 915.00 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: 119 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Late Charge: Prepayment: Insurance: Assumption: Filing Fees: If the payment is more than 10 days late, you will be charged 5 .000 % of the payment of principal and interest. 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. 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. 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. 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) hereby acknowledge receiving and reading a completed copy of the disclosures made in this notice. uerr wer LE ROY B PANT. Gq� 4-/51 Date Borrower Borrower Docprep Services. Inc. Form - REGZF -9625 (Rev. 01 -2012) ORIGINAL Date Date Borrower (Owner Orrnpled) (Pnrchue) Date ITEMIZATION OF AMOUNT FINANCED Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: 06 -12 -14 221 EAST 11TH STREET Loan No.: 77099991269c AUSTIN, TRAVIS COUNTY, TEXAS 78701 Loan Amount: 4,575.00 Borrower(s): LEE ROY BRYANT Interest Rate: 0.00 AMOUNT FINANCED $ 4,575.00 AMOUNT PAID TO OTHERS ON YOUR BEHALF: PREPAID FINANCE CHARGES: for for for for for for for fbr 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$ 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 E$ . 00 TOTAL PAID TO OTHERS I/Whereby acknowledge the eceipt of this Itemization of the Amount Financed. k /3 /( 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 Bor ower Date Borrower LE ROY BR ANT Date Borrower Date Borrower Date Itemization of Amount Financed Fonn - REGZITM - 9634 (Ver. 08 -2009) ORIGINAL Owner Occupied) ( p ) (Purchase) -HCO JUNE 12, 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 $ 4,575.00 ( "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: ROY BR ANT 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.: 77099991269c Fonn - TDHCAORI -1208 (Ver. 11 -2013) ORIGINAL DOCUMENT CORRECTION AGREEMENT LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas BORROWER: LEE ROY BRYANT PROPERTY: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 DATE: JUNE 12, 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: ower (� L E ROY B ANT (3 -/4 Date Borrower Date Borrower Date Borrower Date LOAN NO.: 77099991269c TDHCANSPERROR Fonn - TDHCADOC -1985 (Ver. 09-2013) ORIGINAL LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BORROWER(S): LEE ROY BRYANT LOAN AMOUNT: $ 4,575.00 PROPERTY: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 LOAN NO: 77099991269c DATE: JUNE 12, 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. - Borrower LE ROY BRY NT THE STATE OF COUNTY OF - Borrower } - Borrower This instrument was acknowledged before me on the /3 day of by LEE ROY BRYANT My Commission Expires: - Borrower Notary Mineral Rights and Agreement Fonn - MINERAL3 -4238 (Ver. 05 -2009) ORIGINAL SERVICING DISCLOSURE STATEMENT Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Borrower: LEE ROY BRYANT Property Address: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Date: JUNE 12, 2014 Loan No.: 77099991269c 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. ❑ 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, I /we acknowledge receiving a copy of this disclosure. ROY B ' ANT (Seal) (Seal) - Borrower - Borrower (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, Uwe 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. UWe 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. UWe 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. UWe 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 authorized by the Lender, and to any investor to whom TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (the Lender) or a third party (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): lyvy 'rower ROY BRY NT /3/1 (the Lender) or the investor Date Borrower Date Borrower Date Borrower Date FNMA FORM 1097 LOAN NO.: 77099991269c Borrower's Cert and QC Authorization Fonn - FNMA1097 -0208 (Ver. 02 -2011) ORIGINAL