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image19185State of TEXAS County of WALKER Date: June 12, 2014 Note: WALKER COUNivirgirtAtta I 1109 UNIVERSE /' HUNTSVILLE, 7,M73 ' ¥U PARTIAL RELEASE OF LIENGF# 3,(47 (2 2- " Date: June 19, 2012 Original Principal Amount: $594,033.20 Maker/Borrower: City of Huntsville, a political subdivision of the State of Texas Payee /Lender: Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas Holder of Note and Lien: Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas Holder's Mailing Address (including county): PO Box 13941 Austin, Travis County, Texas 78711 -3941 Note and Lien are described in the Following Documents: Interim Construction Deed of Trust (With Security Agreement and Assignment of Rents) dated June 19, 2012, executed by City of Huntsville, a political subdivision of the State of Texas to Timothy K. Irvine, Trustee, securing the payment of one note of even date therewith in the principal sum of $594,033.20, payable to Texas Department of Housing and Community Affairs, filed for record with the County Clerk of Walker County, Texas on June 27, 2012, in /under Document No. 00004670 and in Volume 1029, Page 142 of the Official Public Records, Walker County, Texas; Modification, Renewal and Extension Agreement dated December 13, 2012 executed by and between City of Huntsville, a political subdivision of the State of Texas and Texas Department of Housing and Community Affairs, filed for record with the County Clerk of Walker County, Texas on December 17, 2012 in /under Document No. 00009693 and in Volume 1052, Page 872 of the Official Public Records, Walker County, Texas; Property (including any improvements) To Be Released from Lien ( "Property "): PARTIAL RELEASE TRACT 4: 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 TXPARTIALRELOFLIEN I Page I of 2 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. Property Address: 119 Avenue D, Huntsville, Texas 77320 -4835 For value received, Holder of the Note and Lien hereby RELEASES only the Property from the Lien and from all other liens (including without limitation any vendor's lien) held by Holder of Note and Lien. When the context requires, singular nouns and pronouns include the plural. Executed to be effective June 12, 2014 in Travis County, Texas. Texas Department of Housing and Community Affairs, a public and offici agency of the State of Texas AIM 1.4.► BY: Name: Its: Duly Authorized Representative THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on the by Mar \_rte -t- L. 4-411 For the Texas apartment of Housing and Com behalf of said Agency. wa. My C ,gt:''PU CONNIE NUNLEY ;'s: ' " :•.0--. Notary Public, State of Texas ■ ., �� »` Notary without Bond My Commission Expires �,, ";� ° ,,,,,,, AUGUST 1 , 20; (Corporate or Other Entity Acknowledgement) 1 Z1 day of 514 Y1-e— , 2014, �f , Duly Authorized Representative niunity Affairs, a public and official agency of the State of Texas, on Notary Public, State of - 17,eea.5 Notary's Name (printed) C 0(11)1 G M un felt AFTER RECORDING RETURN TO: City of Huntsville 1212 Avenue M Huntsville, Texas 77340 TXPARTIALRELOFLIEN I Page 2 of 2 METLS 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' 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; 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 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 corner 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 to Abe Johnson by deed and recorded in Volume 96, Page 192 of said 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 = 10,262,485.31 & 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: GeoSolntlons, LLC 25814 Budde Road Spring, Texas Tel. 281 -681 -9766 Job No. 11 -249 -027 TAX NOTICE TO BUYER It is your responsibility under Texas Law to RENDER your newly - purchased property to the proper taxing authorities. Therefore, when you receive your recorded Deed from Walker County Title Company, : • should c • ct the appropriate taxing entity and render your prope ' - at FOR Walker County properties: Contact: Walker County Appraisal District P.O. Box 1798 Huntsville, Texas 77342 -17 Phone: (936) 295- Dated: June 13, 2014 File No.: 2013111222 FOR Sa Contact: San Jac', P.O.: • 1170 Col, pring, Texa 77331 P one: (936) 653 -1450 o County properties: unty Appraisal District NOTE Loan # 167000 June 12, 2014 Huntsville TX [Date] [City] [State] 119 Avenue D, Huntsville, TX 77320 -4835 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that Lee Roy Bryant ( "Borrower ") has received, Borrower promises to pay U.S. $86,925.00, (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is First National Bank of Huntsville . Borrower will make all payments under this Note in the form of cash, check, money order or electronic funds transfer. Borrower understands that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST RATE AND PAYMENTS (A) Interest Rate Interest will be charged on unpaid principal until the full amount of Principal has been paid. Borrower will pay interest at a yearly rate of 5.000 %. If Borrower is in default as described later in this Note, interest will accrue at the "Maximum Rate ". "Maximum Rate" means at the particular time in question the maximum rate of interest which, under applicable law, state and federal, may then be charged on this Note. If applicable law ceases to provide for such maximum rate of interest, the Maximum Rate means eighteen percent (18.00 %) per annum. (B) Payments (1) Place of Payments Borrower will make its monthly payments at 1300 11th Street, Huntsville, TX 77340 or at a different place if required by the Note Holder. (2) Amount and Time of Payments Borrower will make payments as follows: Principal and interest are payable in monthly installments of $466.84 each month beginning July 12, 2014 and continuing regularly in like installments each period on the same day of the month in each period until June 12, 2044 (the "Maturity Date ") when all unpaid principal and interest is due and payable. Each installment will be applied first to payment of accrued interest on the unpaid principal, and the remainder will be applied to reduction of unpaid principal. (C) Accrual Method (1) Actual / 365 Method All payments of interest shall be computed on the per annum basis of a year of 365 days (or 366, as the case may be) and for the actual number of days elapsed. (2) True Daily Earnings Method Interest will be computed according to the true daily earnings method. The true daily earnings method is a method to compute an interest charge by applying a daily rate to the unpaid balance of the amount financed. The earned finance charge is computed by multiplying the daily rate by the number of days the actual principal balance is outstanding. The daily rate is the equivalent contract rate for a year with the number of days indicated in (C)(1) above. 3. PREPAYMENT Note 1 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 7614 M05242010] Borrower has the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a Prepayment. When Borrower makes a Prepayment, Borrower will tell the Note Holder in writing that Borrower is doing so. Borrower may not designate a payment as a Prepayment if Borrower has not made all the monthly payments due under the Note. Borrower may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use Borrower's Prepayments to reduce the amount of Principal that Borrower owes under this Note. However, the Note Holder may apply Borrower's Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying Borrower's Prepayment to reduce the Principal amount of the Note. If Borrower makes a partial Prepayment, there will be no changes in the due dates of Borrower's monthly payment unless the Note Holder agrees in writing to those changes. 4. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. The Note Holder may choose to make this refund by reducing the Principal Borrower owes under this Note or by making a direct payment to Borrower. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default If Borrower does not pay the full amount of each monthly payment on the date it is due, Borrower will be in default. (B) Notice of Default If Borrower is in default, the Note Holder may send Borrower a written notice telling Borrower that if Borrower does not pay the overdue amount by a certain date, the Note Holder may require Borrower to pay immediately the full amount of Principal which has not been paid and all the interest that Borrower owes on that amount. (C) No Waiver By Note Holder Even if, at a time when Borrower is in default, the Note Holder does not require Borrower to pay immediately in full as described above, the Note Holder will still have the right to do so if Borrower is in default at a later time. (D) Payment of Note Holder's Costs and Expenses If the Note Holder has required Borrower to pay immediately in full as described above, the Note Holder will have the right to be paid back by Borrower for all reasonable costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. (E) Not Sufficient Funds Fees If not prohibited by applicable law, Borrower agrees to pay an amount charged by Lender not to exceed $28.00 (or the maximum amount allowed by applicable law if applicable law limits said fee to an amount less than $28.00) for each check, draft, order or other instrument or form of remittance made in payment on this note that is returned to Lender unpaid or dishonored for any reason. (F) Late Charges for Overdue Payments Notwithstanding anything to the contrary set forth in this Note, Mortgage /Deed of Trust or the other loan documents, to the extent not prohibited by Texas and applicable federal law, Borrower hereby agrees to the following: Late Fee. In the event any payment amount, or any part thereof, remains unpaid for more than Ten (10) days past the due date thereof as provided in this Note, Borrower shall pay to Note Holder, in addition to any other amounts to which Note Holder may be entitled hereunder, a reasonable late payment fee equal to Five (5.000 %) of the overdue payment. This amount is stipulated by Borrower to be reasonable in order to compensate Note Holder for its additional costs incurred as a result of having to attend to such delinquency. This late charge should be paid only once, but promptly, as to each respective late payment. It is further agreed that the imposition of any such late payment fee shall in no way prejudice or limit Note Holder's rights or remedies against Borrower under this Note, Mortgage /Deed of Trust or the other loan documents or any other instrument. Note 2 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 7614 M05242010] 6. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower gives the Note Holder a notice of Borrower's different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 2(B) above or at a different address if Borrower is given a notice of that different address. 7. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 8. WAIVERS Borrower waives Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 9. SECURITY This Note is secured by 119 Avenue D, Huntsville, TX 77320 -4835. As further security for this Note, Borrower grants to the Note Holder a lien and contractual right of offset in and to all borrower's money and property now or at any time hereafter coming within the custody or control of the Note Holder, including, without limitation, all certificates of deposit and other accounts, whether such certificates or accounts have matured or not and whether exercise of such right of offset results in loss of interest or other penalty under the terms of the certificate or account agreement. This Note is further secured by a Deed of trust of even date herewith, to Lorri Lehman, Trustee, covering the real property described to wit: BEING 0.196 of an acre of land, more or Tess, 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. 10. APPLICABLE LAW This Note is being executed and delivered and is intended to be performed in the State of Texas and shall be construed and enforced in accordance with and governed by the laws of the State of Texas and applicable federal law. All legal proceedings brought to enforce or interpret this Note shall be in the appropriate court located in Walker County, Texas. In the event of a conflict between any provision of this Note and applicable law, the applicable law shall control to the extent of such conflict and the conflicting provisions contained in this Note shall be modified to the extent necessary to comply with applicable law. All other provisions in this Note will remain fully effective and enforceable. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if Borrower does not keep the promises which Borrower makes in this Note. That Security Note 3 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 7614 M05242010] Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts Borrower owed under this Note. 12. DUE ON TRANSFER If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 13. NO ORAL AGREEMENTS THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS WRITTEN 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. (3 /Y Date [Sign Originals Only] MLO Organization: First National Bank of Huntsville ID: 483909 MLO Individual: Lorri Anne Lehman ID: 491167 Note 4 OPeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 7614 M05242010] Return to: WALKER COUNTY I7LE COMPANY 1109 UNIVERSITY AVENUE 0 HUNTSVILLEI TEXAS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED OF TRUST (SECURITY AGREEMENT, FINANCING STATEMENT) After recording, please return to: First National Bank of Huntsville P 0 Box 659 Huntsville, TX 77342 -0659 Lorri Lehman THE STATE OF TEXAS } Loan # 167000 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Walker } THE UNDERSIGNED, Lee Roy Bryant, an unmarried man, whose mailing address is as set forth opposite the signature of each, being the debtor(s) and hereinafter called "Grantors ", (whether one or more), in consideration of TEN AND NO /100 DOLLARS ($10.00), in hand paid, and the debt and trust hereinafter mentioned, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto Lorri Lehman Trustee(s), whose mailing address is P 0 Box 659 1300 11th Street, Huntsville, TX 77342 -0659, hereinafter called the "Trustee" (whether one or more), and to his successors in trust, the following described land and other property situated in the County of Walker, State of Texas, to -wit: 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. Deed of Trust (Security Agreement, Financing Statement) 1 ®PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] which has an address of: 119 Avenue D Huntsville, TX 77320 -4835 ( "Property Address "): together with all heating, plumbing, refrigeration, lighting fixtures, equipment, appliances and /or other personal property used in connection therewith whether or not now or hereafter attached thereto so as to become fixtures, and all accessions and additions thereto, and all buildings and improvements thereon and hereafter placed thereon: appurtenances, servitudes, rights, ways, privileges, prescriptions and advantages thereunto belonging or in any wise appertaining, hereinafter called the "Mortgaged Premises ". To the extent permitted by law, this Deed of Trust shall be construed to be a security agreement and financing statement. TO HAVE AND TO HOLD the Mortgaged Premises unto the Trustee forever, Grantors hereby bind themselves to warrant and forever defend the title to the Mortgaged Premises, or any part thereof, unto the Trustee against all persons whomsoever claiming or to claim the same or any part thereof. 1. THIS CONVEYANCE, however, is made in trust to secure and enforce the payment of the following described indebtedness, obligations and liabilities: (a) A promissory note (the "Note ") of even date herewith in the principal sum of Eighty Six Thousand Nine Hundred Twenty Five and 00 /100 Dollars ($86,925.00) executed by Grantors and payable to the order of First National Bank of Huntsville whose mailing address is P 0 Box 659, Huntsville, TX 77342 -0659 (hereinafter called "Beneficiary" or "Bank "), bearing interest as therein provided; (b) All promissory notes evidencing additional loans which Beneficiary may hereinafter make to Grantors (although it is understood that beneficiary is under no obligation to do so); (c) All other indebtedness and liabilities of all kinds of Grantors to Beneficiary now existing or hereafter arising (including overdrafts in bank accounts), whether fixed or contingent, joint and /or several, direct or indirect, primary or secondary and regardless of how created or evidenced, or whether they may, prior to acquisition by Beneficiary, be or have been payable to, or be or have been in favor of some other person, or have been acquired by Beneficiary in a transaction with one other than Grantors; (d) All sums advanced or costs or expenses incurred by Beneficiary which are made or incurred pursuant to or allowed by, the terms of this instrument, plus interest thereon at the maximum rate allowed by applicable law from the date paid until reimbursed; and (e) All renewals and extensions of the above, whether or not Grantors execute any renewal or extension agreement. All of the described indebtedness being hereinafter sometimes referred to collectively as the "debt" or "indebtedness ". 2. As additional security for the payment of said debt, Grantors hereby transfer and assign unto the Beneficiary: (a) All judgments, awards of damages and settlements hereinafter made resulting from condemnation proceedings or the taking of all or any part of the Mortgaged Premises under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Mortgaged Premises or any part thereof, or to any rights appurtenant thereto, including any award for change of grade of streets. The Beneficiary is hereby authorized, but shall not be required, on behalf and in the name of Grantors, to execute and deliver acquittances for, and to appeal from, any such judgments or awards. The Beneficiary may apply all such sums or any Deed of Trust (Security Agreement, Financing Statement) 2 ®PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] part thereof so received, after the payment of all expenses, including costs and attorney's fees, on the debt in such manner as the Beneficiary elects; (b) All bonuses, rents and royalties accrued or to accrue under all oil, gas or mineral leases, now existing or which may hereafter come into existence. Grantors direct payment of the same to the Beneficiary, at the option of the Beneficiary and upon written demand of the Beneficiary therefor, to be applied to the debt until paid, whether due or not, and either before or after any default under the terms of this Deed of Trust or Note; and (c) All of the rents, royalties, issues, profits, revenue, income and other benefits derived from the Mortgaged Premises (whether now existing or hereafter arising) or arising from the use or enjoyment of any portion thereof or from any lease or agreement pertaining thereto (hereinafter called the "Rents and Profits ") are hereby absolutely and unconditionally assigned, transferred, conveyed and set over to Beneficiary to be applied by Beneficiary in payment of the principal and interest and all other sums payable on the Note and any other indebtedness secured hereby. It is intended that this assignment is absolute, unconditional and presently effective and that it shall never be necessary for Beneficiary to institute legal proceedings of any kind whatsoever to enforce the provisions of this Section 2 (c). Prior to the occurrence of any default hereunder, Grantor shall collect and receive all Rents and Profits as Trustee for the benefit of Beneficiary and Grantor, and Grantor shall apply the funds so collected first to the payment of the principal and interest and all other sums payable on the Note and in payment of all other indebtedness secured hereby, and thereafter, so long as no default hereunder has occurred, the balance shall be distributed to the account of the Grantor. Grantor will not (i) execute an assignment of any of its right, title or interest in the Rents or Profits, or (ii) except where the lessee is in default thereunder, terminate or consent to the cancellation or surrender of any lease of the Mortgaged Premises or any part thereof, now or hereafter existing, having an unexpired term of one year or more except that any lease may be canceled, provided that promptly after the cancellation or surrender thereof, a new lease is entered into with a new lessee having a credit standing, in the judgment of Beneficiary, at least equivalent to that of lessee whose lease was canceled, on substantially the same terms as the terminated or canceled lease, or (iii) modify any lease of the Mortgaged Premises or any part thereof so as to shorten the unexpired term thereof or so as to decrease the amount of rent payable thereunder, or (iv) accept prepayments of any installments of rent to become due under any of such leases in excess of one month, except prepayments in the nature of security for the performance of the lessee thereunder, or (v) in any other manner impair the value of the Mortgaged Premises or the security of this Deed of Trust. Grantor will not execute any lease of all or any substantial portion of the Mortgaged Premises except for actual occupancy by the lessee thereunder, and will at all times promptly and faithfully perform, or cause to be performed, each covenant, condition and agreement contained in each lease of the Mortgaged Premises now or hereafter existing, on the part of lessor thereunder to be kept and performed. Grantor shall furnish to Beneficiary, within ten (10) days after a request by Beneficiary to do so, a written statement containing the names of all lessees of the Mortgaged Premises, the terms of their respective leases, the spaces occupied, and the rentals payable thereunder. Beneficiary shall have no liability or obligation with respect to any lease of the Mortgaged Premises or any part thereof. (d) All of Grantors interest in, to, and under any and all leases, tenant contracts, construction contracts and other contracts, licenses and permits, whether written or oral, now or hereafter affecting all or any part of the Property, and any agreement for the use or occupancy of all or any part of said Property which may have been made heretofore or which may be made hereafter, including any and all extensions, renewals, and modifications of the foregoing and guaranties of the performance or obligations of any tenants thereunder, and all other arrangements of any sort resulting in the payment of money to Grantor or in Grantor becoming entitled to the payment of Deed of Trust (Security Agreement, Financing Statement) 3 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] money for the use of the Property or any part thereof, whether such user or occupier is tenant, invitee, or licensee (all of the foregoing hereafter referred to collectively as the "Leases" and individually as a "Lease ", and said tenants, invitees, and licensees are hereafter referred to collectively as "Tenants" and individually as "Tenant" as the context requires), which Leases cover all or any portion of the Property. Grantor agrees to execute and deliver to Beneficiary such additional instruments, in form and substance satisfactory to Beneficiary, as may hereafter be requested by Beneficiary further to evidence and confirm said assignment; provided, however, that acceptance of any such assignment shall not be construed as a consent by Beneficiary to any Lease, or to impose upon Beneficiary any obligation with respect thereto; and provided, further, that permission is hereby given to Grantor unless and until Grantor is in default as provided herein, to collect the income, rents, issues and profits relating to the Property as they become due and payable but not in advance, except as provided herein below. 3. The proceeds of the Note to the extent that the same are utilized to take up any outstanding liens against the Mortgaged Premises, or any portion thereof, have been advanced by the Beneficiary at Grantors' request and upon Grantors' representation that such amounts are due and are secured by valid liens against the Mortgaged Premises. The Beneficiary shall be subrogated to any and all rights, superior titles, liens, and equities owned or claimed by any owner or holder of any outstanding liens and debts, however remote, regardless of whether said liens or debts are acquired by the Beneficiary by assignment or are released by the holder thereof upon payment. 4. Grantors further covenant and agree: (a) That Grantors will pay the principal of and interest on the Note in accordance with the terms thereof. That Grantors are seized of the Mortgaged Premises and are entitled to convey the same; that Grantors will make such further assurance of title as may be necessary to fully confirm to the Trustee the title to the Mortgage Premises; Grantors shall punctually and properly perform all of Grantors' covenants, obligations, and liabilities under any other security agreement, mortgage, deed of trust, collateral pledge agreement, contract, assignment, loan agreement or any other instrument or agreement of any kind now or hereafter existing as security for, executed in connection with, or related to the indebtedness or other obligations secured hereby, or any part thereof; (b) That all awnings, door and window screens, storm window screens, storm windows and doors, mantels, cabinets, rugs, carpeting, linoleum, wall and in -a -door beds, stoves, shades, blinds, oil and other fuel - burning systems and equipment, water heaters, radiator covers, and all plumbing, heating, lighting, cooking, ventilating, cooling, air - conditioning and refrigerating apparatus and equipment, and such goods and chattels and personal property as are ever furnished by landlords in letting or operating an unfurnished building, or which are or shall be attached to said building by nails, screws, bolts, pipe connections, masonry or in other manner, and all additions thereto and replacements thereof, and such built -in equipment as shown by plans and specifications, are and shall be deemed to be fixtures and accessions to the Mortgaged Premises, being hereby agreed to be immovables and a part of the realty as between the parties hereto, and shall be deemed to be a part and portion of the Mortgaged Premises; (c) That Grantors will pay (prior to delinquency) all taxes and assessments levied or assessed upon the Mortgage Premises, or the interest created therein by this Deed of Trust, and exhibit the receipts therefor to the Beneficiary (unless such payments are made by the Beneficiary, as hereinafter provided), and will defend the title and possession of the Mortgaged Premises to the end that this Deed of Trust shall be and remain a first lien on the Mortgaged Premises until the debt is paid. That Grantors will pay all attorney's fees and expenses which may be incurred by Deed of Trust (Security Agreement, Financing Statement) 4 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] the Beneficiary in enforcing the terms of the Note and this Deed of Trust or in any suit which the Beneficiary may become a party where this Deed of Trust or the Mortgaged Premises is in any manner involved, and all expenses incurred in presenting a claim against the estate of a decedent or a bankrupt. The word "assessments" as used in this Deed of Trust, whether in this paragraph or elsewhere, shall include not only assessments by political subdivisions, but also maintenance charges, regular assessments and special assessments assessed by subdivision restrictions, homeowner's declarations for planned unit developments and assessments by condominium agreements, if any; (d) That Grantors will keep all insurable Mortgaged Premises insured for the protection of the Beneficiary against loss by fire, hazards included within the term "extended coverage" and such other hazards as Beneficiary may require in such manner, in such amounts, and in such companies as the Beneficiary may approve at Beneficiaries sole discretion, and keep the policies therefor, properly endorsed, on deposit with the Beneficiary with standard mortgagees' clauses. If renewal policies are not delivered to the Beneficiary 30 days before the expiration of the existing policy or policies, with evidence of premiums paid, the Beneficiary may, but is not obligated to, obtain the required insurance on behalf of Grantors (or insurance in favor of the Beneficiary alone) and pay the premiums thereon. Grantors assign to Beneficiary all right and interest in all such policies of insurance and authorize the Beneficiary to collect for, adjust or compromise any losses under any insurance policy on the Mortgaged Premises, and loss proceeds (less expense of collection) shall, at the Beneficiary's option, be applied on the debt, whether due or not, or to the restoration of the Mortgaged Premises, or be released to Grantors, but such application or release shall not cure or waive any default. Grantors shall, at their expense, in addition to all other insurance obligations herein required, maintain or cause to be maintained workers' compensation insurance covering all persons employed by Grantors and Grantors shall provide Beneficiary with proof of insurance, notice of cancellation, and other information relating to such insurance coverage, in the same manner as required with respect to other insurance obligations of Grantor described in this Deed of Trust; (e) That, when requested by the Beneficiary, Grantors will pay with and in addition to the payments of principal and interest payable under the terms of the Note, on the same day as the principal and interest installments are due and payable, a sum equal to one - twelfth of the estimated annual ground rents, taxes, hazard insurance premiums and assessments, if any, next due on the Mortgaged Premises. If the amount so paid is not sufficient to pay such ground rents, taxes, hazard insurance premiums and assessments when due, then Grantors will deposit immediately with the Beneficiary an amount sufficient to pay such ground rents, taxes, hazard insurance premiums, and assessments. If there is a default under any of the provisions of this Deed of Trust resulting in a sale of the Mortgaged Premises or foreclosure, or if the Beneficiary acquires the Mortgaged Premises otherwise after default, the Beneficiary shall apply, at the time of commencement of such proceedings or at the time the property is otherwise acquired, the balance then remaining of the funds accumulated under this provision as a credit against the amount then remaining unpaid under the Note. No interest shall accrue or be allowed on any payments made under the provisions of this paragraph. If the amount so paid is in excess of the amount needed to pay such ground rents, taxes, hazard insurance premiums and assessments in any calendar year, such excess shall be applied to the next maturing installments of principal and interest. All deposits made pursuant to this paragraph shall be held by the Beneficiary as additional security for the payment of the debt described herein and shall not be assigned, attached or otherwise alienated except when transferred by Grantors to a new owner of the Mortgaged Premises concurrently with a bona fide sale of the Mortgaged Premises; (f) That Grantors will not commit or permit any waste on the Mortgaged Premises and will keep the buildings, fences and all other improvements now or hereafter erected on the Mortgaged Deed of Trust (Security Agreement, Financing Statement) 5 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] Premises in sound condition and in good repair and will neither do nor permit to be done anything to the Mortgaged Premises that may impair the value thereof and the Beneficiary shall have the right of entry upon the Mortgaged Premises at all reasonable times for the purpose of inspecting the same; (g) That Grantors will pay for the cost of any appraisal of the Mortgaged Premises which Beneficiary may require from time to time, such appraisal to be prepared by an appraiser and be in form acceptable to Beneficiary. (h) To comply with all valid governmental laws, ordinances and regulations applicable to the Mortgaged Premises and its ownership, use and operation, and to comply with all, and not violate any easements, restrictions agreements, covenants and conditions with respect to or affecting the Mortgage Premises or any part thereof; (i) To pay promptly all bills for labor and materials incurred in connection with the Mortgaged Premises and never to permit to be fixed against the Mortgaged Premises or any part thereof, any lien or security interest, even though inferior to the liens and security interests hereof, for any such bill which may be legally due and payable, and never to permit to be created or exist in respect of the Mortgaged Premises, or any part thereof, any other or additional lien or security interest on a parity with or superior to the liens and security interests hereof; (j) At any time, and from time to time, upon request by Beneficiary forthwith to execute and deliver to Beneficiary any and all additional instruments and further assurances, and do all other acts and things as may be necessary or proper in Beneficiary's opinion to effect the intent of these presents, more fully evidence and perfect the rights, titles, liens and security interests herein created or intended to be created and protect the rights, remedies, powers and privileges of Beneficiary hereunder; (k) From time to time, upon request of Beneficiary, to furnish promptly to Beneficiary such financial statements and reports relating to Grantors and Grantors' business affairs as Beneficiary may reasonably request; (1) If Grantors are a corporation, to maintain continuously Grantors' corporate existence, good standing and its right to do business in Texas and in each other state where any part of Mortgaged Premises is situated; (m) Upon request of Beneficiary, to deliver to Beneficiary, within sixty (60) days after the end of each calendar year, then current annual statements itemizing the income and expenses of the Mortgaged Premises, all in such detail as shall be satisfactory to Beneficiary; (n) At any time that any law shall be enacted imposing or authorizing the imposition of any tax upon this Deed of Trust, or upon any rights, titles, liens or security interests created hereby, or upon the debt, or any part thereof, immediately to pay all such taxes; provided, that, in the alternative, Grantors may, in the event of the enactment of such a law, and must, if it is unlawful for Grantor to pay such taxes, prepay the debt in full within sixty (60) days after demand therefor by Beneficiary; (o) To furnish promptly at any time and from time to time, upon request, a written statement or affidavit in such form as shall be satisfactory to Beneficiary, stating the unpaid balance of the debt and that there are no offsets or defenses against full payment of the debt and the terms hereof, or, if there are any such offsets and defenses, specifying them; (p) To perform punctually and properly all of Grantors' covenants, duties and liabilities under any other security agreement, mortgage, deed of trust, collateral pledge agreement, loan agreement, contract or assignment of any kind now or hereafter existing as security for or in connection with payment of the debt, or any part thereof (each such being herein called "other security instrument "); (q) To allow Beneficiary to inspect the Mortgaged Premises and all records relating thereto or to the debt, and to make and take away copies of such records; and Deed of Trust (Security Agreement, Financing Statement) 6 ©PeirsonPatterson, LLP.-Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] (r) Without the prior written consent of Beneficiary (which may be withheld with or without cause), not to cause or permit all or any portion of the Mortgaged Premises which is fixtures or personal property to be removed from the county or state where the real property is located. 5. If any of the indebtedness hereby secured shall become due and payable, the Trustee or the Beneficiary shall have the right and power to proceed by a suit or suits in equity or at law, whether for the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted, or for any foreclosure hereunder or for the sale of the Mortgaged Premises under the judgment or decree of any court or courts of competent jurisdiction, or for the appointment of a receiver pending any foreclosure hereunder or the sale of the Mortgaged Premises under the order of a court or the sale of the Mortgaged Premises under the order of a court or courts of competent jurisdiction or under executory or other legal process, or for the enforcement of any other appropriate legal or equitable remedy. The Grantors agree, to the full extent that they or it lawfully may, that in case one or more of the defaults hereunder shall have occurred and shall not have been remedied, then, and in every such case, the Beneficiary shall have the right and power to enter into and upon and take possession of all or any part of the Mortgaged Premises in the possession of Grantors, their or its successors or assigns, or its or their agents or servants and may exclude the Grantors, its or their successors or assigns and all persons claiming under the Grantors, and its or their agents or servants, wholly or partly therefrom; and holding the same, the Beneficiary may use, administer, manage, operate and control the Mortgaged Premises and conduct the business thereof to the same extent as the Grantors, its or their successors or assigns, might at the time do and may exercise all rights and powers of the Grantors, in the name, place and stead of the Grantors, or otherwise as the Beneficiary shall deem best; and in the exercise of any of the foregoing rights and powers Beneficiary shall not be liable to Grantors for any loss or damage thereby sustained unless due solely to the willful misconduct or gross negligence of Beneficiary. 6. In the event the ownership of the Mortgaged Premises, or any part thereof, becomes vested in a person other than Grantors, the Beneficiary may, without notice to Grantors, deal with such successor or successors in interest with reference to this Deed of Trust and to said debt in the same manner as with Grantors without in any way vitiating or discharging Grantors' liability hereunder or upon the debt. No sale of the Mortgage Premises and no forbearance on the part of the Beneficiary and no extension of the time for the payment of the debt hereby secured, given by the Beneficiary, shall operate to release, modify, change, or affect the original liability of Grantors, either in whole or in part. 7. The Beneficiary, without notice, may release any part of the Mortgaged Premises, or any person liable for the debt, without in any way affecting the lien hereof upon any part of the Mortgaged Premises not expressly released or the liability of any person not expressly released, and may agree with any party obligated on the debt, or having any interest in the Mortgaged Premises, to extend the time for payment of any part or all of the debt. Such agreement shall not in any way release or impair the lien hereof, but shall extend the lien hereof as against the title of all parties having any interest in the Mortgaged Premises which interest is subject to this Deed of Trust. The lien, security interest and other rights granted hereby shall not affect or be affected by any other security taken for the same indebtedness or any part thereof. The taking of additional security, or the extension or renewal of the indebtedness secured hereby, or any part thereof, shall not release or impair the lien, security interest and other rights granted hereby, or affect the liability of any endorser, guarantor or surety, or improve the right of any permitted junior lienholder; and this Deed of Trust, as well as any instrument given to secure any renewal or extension of the indebtedness secured hereby, or any part thereof, shall be and remain a first and prior lien, except as otherwise provided herein, on all of the Mortgaged Premises not expressly released until the indebtedness secured hereby is completely paid. 8. Grantors waive the benefit of all laws now existing or that hereafter may be enacted provided for (i) any appraisement before sale of any portion of the Mortgaged Premises, commonly known as Appraisement Deed of Trust (Security Agreement, Financing Statement) 7 ®PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] Laws, and (ii) the benefit of all laws that may be hereafter enacted in any way extending the time for the enforcement of the collection of said debt or creating or extending a period of redemption from any sale made in collecting said debt, commonly known as Stay Laws and Redemption Laws, and Grantors hereby agree and contract that the laws of the State of Texas, save as above excepted, now in force relative to the collection of said debt and the application to the payment thereof, are expressly adopted and made a part hereof. To the extent that Grantors may lawfully do so, Grantors agree that Grantors shall not assert and hereby expressly waive, any right under any statute or rule of law pertaining to the marshalling of assets, the exemption of homestead, the administration of estates of decedents, or other matter whatever to defeat, reduce or affect the right of Beneficiary, under the terms of this Deed of Trust, to sell the Mortgaged Premises for the collection of the indebtedness secured hereby (without any prior or different resort for collection) or the right of Beneficiary, under the terms of this Deed of Trust, to the payment of such indebtedness out of the proceeds of sale of the Mortgaged Premises in preference to every other person and claimant whatever (only reasonable expenses of such sale being first deducted). Grantors expressly waive and relinquish any right or remedy which it or they may have or be able to assert by reason of the provisions of Chapter 34 of the Business and Commerce Code of the State of Texas, pertaining to the rights and remedies of sureties. 9. The Beneficiary may, at the Beneficiary's option, without demand or notice and without waiver of any right, pay or discharge any lien or claim upon the Mortgaged Premises or pay any delinquent tax or assessment, and, upon such payment the Beneficiary shall be subrogated respectively to the rights of the holder of such lien or claim or to the rights of the taxing authority; the Beneficiary may advance any unpaid insurance premiums, and whenever Grantors have failed properly to maintain the improvements, the Beneficiary may make repairs necessary for the proper preservation of the security. Grantors agree to pay to the Beneficiary, upon demand, any and all disbursements made under the provisions of the Deed of Trust together with interest thereon at the rate which the principal of the Note shall bear after default from the respective dates of such disbursements, and all such disbursements shall become a part of the debt, payable at the same place specified in the Note, and shall be secured by this Deed of Trust. 10. Acceptance by the Beneficiary of any payment in an amount less than the amount then due on said debt shall be deemed an acceptance on account only, and the failure to pay the entire amount then due shall be and continue to be a default. At any time thereafter, and until the entire amount then due on said debt has been paid, the Beneficiary shall be entitled to exercise all rights conferred upon it in this instrument upon the occurrence of a default. 11. Grantors shall be in default hereunder if Grantors shall default in the prompt payment when due of the indebtedness secured hereby, or any part thereof; or shall fail to keep and perform any of the covenants or agreements contained herein or in any other document securing the Note or any other security instrument; or if Beneficiary discovers that any statement, representation, or warranty in the Note, this Deed of Trust or in any writing delivered to Beneficiary in connection with the indebtedness secured hereby is false, misleading or erroneous in any material respect; or if Grantors, or any person liable for the indebtedness secured hereby, or any part thereof, including any guarantor of or any surety for the performance of any obligation hereunder, files a voluntary petition in bankruptcy; makes an assignment for the benefit of any creditor, is adjudicated as bankrupt or insolvent; admits in writing its inability to pay its debts generally as they become due, applies for or consents to the appointment of a receiver, trustee, or liquidator of Grantors or of any such guarantor or surety or of all or a substantial part of its assets; takes advantage of or seeks any relief under any bankruptcy, reorganization, debtor's relief or other insolvency law now or hereafter existing; files an answer admitting the material allegations of, or consenting to, or defaulting in, a petition against Grantors or any such guarantor or surety, in any bankruptcy, reorganization, or other insolvency proceedings; institutes or voluntarily is or becomes a party to any other judicial proceedings intended to effect a discharge of the debts of Grantors or of any guarantor or surety, in whole or in part, or to effect a postponement of the maturity or the collection thereof, or to effect a suspension of any of the Deed of Trust (Security Agreement, Financing Statement) 8 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] right or powers of Beneficiary granted in the Note, this Deed of Trust or in any other instrument evidencing or securing the indebtedness secured hereby; or if an order, judgment or decree shall be entered by any court of competent jurisdiction appointing a receiver, trustee or liquidator of Grantors or of any guarantor or surety or of all or any substantial part of the assets of Grantors or any such guarantor or surety or if Grantors or any guarantor or surety shall fail to pay any money judgment against it at least ten (10) days prior to the date on which the assets of Grantors or any such guarantor or surety may be sold to satisfy such judgment; or if Grantors or any such guarantor or surety shall fail to have discharged within a period of ten (10) days after the commencement thereof any attachments, sequestration, or similar proceedings against any assets of Grantors or of any guarantor or surety; or if the Mortgaged Premises are placed under control or in the custody of any court, or if Grantors abandon any of the Mortgaged Premises. Upon the occurrence of any such default, Beneficiary, at its option, without notice, may pursue any rights and remedies it may have hereunder or at law, or in equity and Beneficiary may, without limitation and without notice of any kind (including notice of intention to accelerate maturity), declare the entire indebtedness secured hereby immediately due and payable, whereupon it shall be so due and payable. 12. If Grantors shall perform faithfully each of the covenants and agreements herein contained, then, and only then, this conveyance shall become null and void and shall be released in due form, at Grantors' expense; otherwise, it shall remain in full force and effect. No release of this conveyance, or of the lien, security interest of assignment created and evidenced hereby, shall be valid unless executed by Beneficiary. 13. If Grantors shall default hereunder, Grantors hereby authorize and empower the Trustee, at the request of Beneficiary, at any time during the continuance of any default, to sell all or any portion of the Mortgaged Premises, at public auction, to the highest bidder, for cash, at the door of the County Courthouse of the county in Texas in which such Mortgaged Premises or any part thereof, is situated, as herein described, between the hours of 10:00 o'clock a.m. and 4:00 o'clock p.m. on the first Tuesday of any month after giving notice of the time, place and terms of said sale, and the property to be sold, as follows: Notice of such proposed sale shall be given by posting written notice thereof at least twenty-one days preceding the date of the sale at the Courthouse door of the county in which the sale is to be made, and if the property to be sold is situated in more than one county, one notice shall be posted at the Courthouse door of each county in which the property to be sold is situated. In addition, Beneficiary shall, at least twenty-one days preceding the date of sale, serve written notice of the proposed sale by certified mail on each debtor obligated to pay the debt secured hereby according to the records of Beneficiary. Service of such notice shall be completed upon deposit of the notice, enclosed in a postpaid wrapper, properly addressed to such debtor at the most recent address as shown by the records of Beneficiary, in a post office or official depository under the care and custody of the United States Postal Service. The affidavit of any person having knowledge of the facts to the effect that such service was completed shall be prima facie evidence of the fact of service. Any notice that is required or permitted to be given to Grantors may be addressed to Grantors at Grantors' address as stated herein. Any notice that is to be given by certified mail to any other debtor may, if no address for such other debtor is shown by the records of Beneficiary, be addressed to such other debtor at the address of Grantors as is shown by the records of Beneficiary. Notwithstanding the foregoing provisions of this paragraph, notice of such sale given in accordance with the requirements of the applicable law of the State of Texas in effect at the time of such sale shall constitute sufficient notice of such sale. Grantors hereby authorize and empower the Trustee to sell all or any portion of the Mortgaged Premises, together or in lots of parcels, as the Trustee may deem expedient, and to execute and deliver to the purchaser or purchasers of such property, good and sufficient deeds of conveyance of fee simple title with covenants of general warranty made on behalf of the Grantors. In no event shall the Trustee be required to exhibit, present or display at any such sale any of the personality described herein to be sold at such sale. The Trustee making such sale shall receive the proceeds thereof and shall apply the same as follows: (i) first, he shall pay the reasonable expense of executing this trust including a reasonable Trustee's fee Deed of Trust (Security Agreement, Financing Statement) 9 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] for commission and attorney's fees and costs of title evidence; (ii) second, he shall pay, so far as may be possible, the indebtedness secured hereby, discharging first that portion of the indebtedness arising under the covenants or agreements herein contained and not evidenced by the Note; (iii) third, he shall pay the residue, if any, to the person or persons legally entitled thereto. Payment of the purchase price to the Trustee shall satisfy the obligation of the purchaser at such sale therefor, and such purchaser shall not be bound to look after the application thereof. The sale or sales by the Trustee of less than the whole of the Mortgaged Premises shall not exhaust the power of sale herein granted, and the Trustee is specifically empowered to make successive sale or sales under such power until the whole of the Mortgaged Premises shall be sold; and if the proceeds of such sale or sales of less than the whole of such Mortgaged Premises shall be less than the aggregate of the indebtedness secured hereby and the expense of executing this trust, this Deed of Trust and the lien, security interest and assignment hereof shall remain in full force and effect as to the unsold portion of the Mortgaged Premises just as though no sale or sales had been made; provided, however, that Grantors shall never have any right to require the sale or sales of less than the whole of the Mortgaged Premises but Beneficiary shall have the right, at its sole election, to request the Trustee to sell less than the whole of the Mortgaged Premises. If default is made hereunder, the holder of the indebtedness or any part thereof on which the payment is delinquent shall have the option to proceed with foreclosure in satisfaction of such item either through judicial proceedings or be directing the Trustee to proceed as if under a full foreclosure, conducting the sale as herein provided without declaring the entire indebtedness secured hereby due and if sale is made because of default of an installment, or a part of an installment, such sale may be made subject to the unmatured part of the Note and other indebtedness secured by this Deed of Trust; and it is agreed that such sale, if so made, shall not in any manner affect the unmatured part of the indebtedness secured by this Deed of Trust, but as to such unmatured part, this Deed of Trust shall remain in full force and effect as though no sale had been made under the provisions of this paragraph. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the indebtedness secured hereby. 14. In case of any sale hereunder, all prerequisites to the sale shall be presumed to have been performed, and in any conveyance given hereunder, all statements of facts, or other recitals therein made as to the nonpayment of money secured, or as to the request to the Trustee to enforce this trust, or as to the proper and due appointment of any substitute trustee, or as to the advertisement of sale, or time, place, and manner of sale, or as to any other preliminary fact or thing, shall be taken in all courts of law or equity as prima facie evidence that the facts so stated or recited are true. The purchaser at any trustee's or foreclosure sale hereunder may disaffirm any easement granted, or rental, lease or other contract made, in violation of any provision of this Deed of Trust, and may take immediate possession of the Mortgage Premises free from, and despite the terms of, such grant of easement and rental or lease contract. 15. At the option of the Beneficiary, with or without any reason, a successor substitute trustee may be appointed by the Beneficiary without any formality other than a designation in writing of a successor or substitute trustee, who shall thereupon become vested with and succeed to all the powers and duties given to the Trustee herein named, the same as if the successor or substitute trustee had been named original Trustee herein; and such right to appoint a successor substitute trustee shall exist as often and whenever the Beneficiary desires. If Beneficiary is a corporation and such appointment is executed in its behalf by any officer of such corporation, such appointment shall be conclusively presumed to be executed with authority and shall be valid and sufficient without proof of any action by the board of directors or any superior officer of the corporation. 16. Neither the exercise of, nor the failure to exercise, any option given under the terms of this Deed of Trust shall be considered as a waiver of the right to exercise the same, or any other option given herein, and the filing of a suit to foreclose this Deed of Trust, either on any matured portion of the debt or for the whole debt, shall never be considered an election so as to preclude foreclosure under the power of sale after a dismissal of the suit; nor shall the filing of the necessary notices for foreclosure, as provided in this Deed of Trust, preclude the prosecution of a later suit thereon. Deed of Trust (Security Agreement, Financing Statement) 10 ©PeirsonPatterson, LLP.-Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] 17. In the event of a trustee's sale hereunder and if at the time of such sale the Grantors occupy the portion of the Mortgaged Premises so sold, or any part thereof, Grantors shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of either tenant or landlord, at a reasonable rental per day based upon the value of the portion of the Mortgaged Premises so occupied, such rental to be due and payable daily to the purchaser. An action of forcible detainer shall lie if the tenant holds over after a demand in writing for possession of such Mortgaged Premises; and this agreement and any trustee's deed shall constitute a lease and agreement under which the tenant's possession, each and all, arose and continued. 18. Grantors will not, without the prior written consent of Beneficiary, execute or deliver any pledge, security agreement, mortgage or deed of trust covering all or any portion of the Mortgaged Premises (hereinafter called "Subordinate Mortgage "). In the event of consent by Beneficiary to the foregoing or in the event the foregoing prohibition is determined by a court of competent jurisdiction to be unenforceable by the provisions of any applicable law, Grantors will not execute or deliver any Subordinate Mortgage unless there shall have been delivered to Beneficiary not less than ten (10) days prior to the date thereof a copy thereof which shall contain express covenants to the effect: (a) That the Subordinate Mortgage is in all respects unconditionally subject and subordinate to the lien, security interest and assignment evidenced by this Deed of Trust and each term and provision hereof; (b) That if any action or proceeding shall be instituted to foreclose the Subordinate Mortgage (regardless of whether the same is a judicial proceeding or pursuant to a power of sale contained therein), no tenant of any portion of the Mortgaged Premises will be named as a party defendant, nor will any action be taken with respect to the Mortgaged Premises which would terminate any occupancy or tenancy of the Mortgaged Premises without the prior written consent of Beneficiary; (c) That the Rents and Profits, if collected through a receiver or by the holder of the Subordinate Mortgage, shall be applied first to the obligations secured by this Deed of Trust, including principal and interest due and owing on or to become due and owing on the Note and the other indebtedness secured hereby and then to the payment of maintenance, operating charges, taxes, assessments, and disbursements incurred in connection with the ownership, operating and maintenance of the Mortgaged Premises; and (d) That if any action or proceedings shall be brought to foreclose the Subordinate Mortgage, written notice of the commencement thereof will be given to Beneficiary contemporaneously with the commencement of such action or proceeding. 19. Nothing herein contained shall be so construed or operate as to require Grantors to pay interest on the Note or Notes, or any other liability or debt now existing or hereafter to exist hereunder at a rate greater than that allowed by Law, and if any provisions herein contained do, or would, presently and prospectively, operate to make this Deed of Trust or any part thereof void, voidable or ineffective, then such provisions only shall be held for naught and as though not herein contained and shall be without effect upon or prejudice to the remaining provisions, which shall nevertheless remain operative. Any of said contracts for interest shall be held subject to reduction to the highest amount allowed under applicable law as now or hereafter construed by courts having jurisdiction. 20. If, while this trust is in force, the title of the Trustee to, or the interest of Beneficiary in, the Mortgaged Premises hereby conveyed or any part thereof, shall be endangered or shall be attached directly, or indirectly, Grantors hereby authorize Beneficiary, at Grantors' expense, to take all necessary and proper steps for Deed of Trust (Security Agreement, Financing Statement) 11 ®PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] the defense of such title or interest, including the employment of counsel, the prosecution or defense of litigation, and the compromise or discharge of claims made against such title or interest. At any time any law shall be enacted imposing or authorizing the imposition of any tax upon this Deed of Trust, or upon any rights, titles, liens, or security interests created hereby, or upon the Note, or any part thereof, or any other indebtedness secured hereby, Grantors shall immediately pay all such taxes; provided that, in the alternative Grantors may, in the event of the enactment of such a law, and must, if it is unlawful for Grantors to pay such taxes, prepay the Note, and any other indebtedness secured hereby, in full with sixty (60) days after demand therefor by Beneficiary. Grantors shall at any time and from time to time, furnish promptly, upon request, a written statement or affidavit in such form as may be required by Beneficiary, stating the unpaid balance of the Note, and any other indebtedness secured hereby, and that there are no offsets or defenses against full payment of the Note, and any other indebtedness secured hereby, and performance of the terms hereof, or if there are any such offsets and defenses, specifying them. 21. Unless Grantors have provided a survey of the Mortgaged Premises which shows to the contrary, Grantors represent and warrant that none of the Mortgaged Premises, or any part thereof, is situated within a flood plain, flood prone areas, special flood hazardous areas or the like, as so designated by the applicable Flood Hazard Boundary Map or any such similar map or plat issued or controlled by The Flood Insurance Administration and /or any other federal agency appointed to regulate such matters under the Federal Flood Disaster Protection Act, as amended, and Grantors hereby indemnify and hold Beneficiary harmless, from any claims and /or costs arising against or waived by Beneficiary if the Mortgaged Premises are, in fact, determined to be in such an area. In the event that the foregoing blank is checked, Grantors will keep the Mortgaged Premises insured for the protection of Beneficiary against loss by flood, and the provisions of this Deed of Trust concerning amounts of coverage, payment of premiums, endorsements, payment and application of insurance proceeds, and other matters regarding hazard insurance shall apply with equal force to Grantors' obligation herein to obtain flood insurance. 22. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Mortgaged Premises, the unsecured or partially secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or fully secured by the lien of this Deed of Trust. 23. Whenever used the singular number shall include the plural, the plural the singular, the use of any gender shall include all genders. The words "Grantors" and "Beneficiary" shall include their heirs, executors, administrators, successors and assigns and the word "Trustee" shall include his successors and substitute trustees. 24. Beneficiary shall have the right to become the purchaser at all sales to enforce this trust, being the highest bidder, and to have the amount for which such property is sold credited on the debt then owing. 25. Grantors will pay all reasonable attorney's fees and expenses which may be incurred by the Beneficiary or Trustee, in enforcing the terms of the Note and this Deed of Trust, or in any suit to which the Beneficiary or Trustee may become a party where the Deed of Trust or the Mortgaged Premises are in any manner involved and all expenses incurred in presenting a claim against the estate of a decedent or a bankrupt and will also pay any attorney's fees and expenses reasonably incurred in connection with the assignment to Beneficiary of any leases subsequently entered into by Grantors which by the terms hereof are required to be assigned to Beneficiary as additional collateral to secure payment of the indebtedness herein secured as well as any and all such fees and expenses reasonably incurred prior to full and final payment of such indebtedness relating to future advances, transfer of title to the premises and similar matters not otherwise provided for herein. 26. With respect to any personal property herein described this Deed of Trust shall constitute a Deed of Trust (Security Agreement, Financing Statement) 12 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] Security Agreement between Grantors and Beneficiary, and, cumulative of all other rights of Beneficiary hereunder, Beneficiary shall have all of the rights conferred upon secured partied by the Uniform Commercial Code, as amended, as to this property. This Deed of Trust, as a Financing Statement, covers the following types property: Minerals, crops and goods that are, or are to become, fixtures as more fully described herein, and related to the real estate described herein, and it is intended that as to those goods and the proceeds thereof, this Deed of Trust shall be effective as a Financing Statement filed as a mineral, crop and fixture filing from the date of its filing for record in the Real Estate Records of the County in which the land is located. Information concerning the security interest created by this instrument may be obtained from the holder of this indebtedness and secured party at the Post Office address as shown in Paragraph numbered 1 of this Deed of Trust. Until the lien of this Deed of Trust is released or satisfied of record, Grantors agree, if requested by Beneficiary so to do, to execute one or more Financing Statements covering such personal property, in the manner and form required by law and to the satisfaction of Beneficiary. Grantors agree to pay Beneficiary's charge, to the maximum amount permitted by law, for any statement by Beneficiary regarding the obligations secured by this Deed of Trust, requested by Grantors or on behalf of Grantors. On demand, Grantors will promptly pay all costs and expenses of filing Financing Statements, continuation statements, partial releases and termination statements deemed necessary or appropriate by Beneficiary to establish and maintain the validity and priority of the security interest of Beneficiary or any modification thereof, and all costs and expenses of any searches reasonably required by Beneficiary. Beneficiary may exercise any or all of the remedies of a secured party available to it under the Uniform Commercial Code, as amended, with respect to such personal property, and it is expressly agreed that if upon default Beneficiary should proceed to dispose of the collateral in accordance with the provisions of the Uniform Commercial Code, as amended, ten (10) days notice by Beneficiary to Grantors shall be deemed to be reasonable notice under any provision of the Uniform Commercial Code, as amended, requiring such notice; provided, however, that Beneficiary may at its option dispose of the collateral in accordance with Beneficiary's rights and remedies in respect of the real property pursuant to the provisions of this Deed of Trust, in lieu of proceeding under the Uniform Commercial Code, as amended. 27. It shall be a default hereunder if Grantors should sell (be executory Contract for Deed or otherwise), assign or convey any part or all of the Mortgaged Premises (regardless of whether the buyer or assignee "assumes" the indebtedness hereby secured or takes "subject to" such indebtedness) without first obtaining the written Consent of Beneficiary; provided, however, this paragraph shall not apply to sales of standard inventory items of personal property in the ordinary course of Grantors' business. 28. Expenses; Indemnification. To the extent not prohibited by applicable law, Grantors will pay all costs and expenses and reimburse Bank for any and all expenditures of every character, including, but not limited to, the fees and expenses of counsel for Bank, incurred or expended from time to time, regardless of whether a default or event of default shall have occurred in connection with: (a) Bank's evaluating, monitoring, administering and protecting the Mortgaged Premises; and (b) Bank's creating, perfecting or realizing upon Bank's security interest in and liens on the Mortgaged Premises, and all costs and expenses relating to Bank's exercising any of its rights and remedies under this or any of the other security instruments or at law, including, without limitation, all appraisal fees, consulting fees, filing fees, taxes, brokerage fees and commissions, title review and abstract fees, Uniform Commercial Code search fees, other fees and expenses incident to title searches, reports and security interests, escrow fees, attorneys' fees, legal expenses, court costs, fees and expenses incurred in connection with it; provided, that no right or option granted by Grantors to Bank or otherwise arising pursuant to any provision of this or any other instrument shall be deemed to impose or admit a duty on the Bank to supervise, monitor or control any aspect of the character or condition of the Mortgaged Premises or any operations conducted in connection with it for the benefit of Grantors or any other person or entity other than the Bank. The Grantors agree to indemnify, defend and hold the Bank, its directors, officers and employees (collectively, "Indemnified Parties ") harmless from and against any and all loss, liability, obligation, damage, penalty, judgment, claim, deficiency and expense (including interest, penalties, attorneys' fees and amount paid in settlement), regardless of Deed of Trust (Security Agreement, Financing Statement) 13 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] whether the same was caused in whole or in part by the negligence of any of the Indemnified Parties, to which the Indemnified Parties may become subject arising out of or in connection with this Agreement, the Note, any other security instruments hereto or any transaction contemplated herein to therein (other than those which arise by reason of the gross negligence of the Bank). Any amount to be paid hereunder by the Grantors to the Bank shall be a demand obligation owing by the Grantors to the Bank and shall bear interest from the date of expenditure at the highest lawful rate. 29. Environmental Matters. Without the Bank's prior written consent, Grantors shall not use, store, treat, generate, release, discharge, dispose or transport any Hazardous Materials on, under, in, above, to or from the Mortgaged Premises. For the purposes of this section, "Hazardous Materials" shall refer to any underground storage tank, petroleum, polychlorinated biphenyls or other substances, materials and wastes that are or become regulated as hazardous or toxic substances under any applicable local, state or federal law, regulation or order, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act, each as amended from time to time (herein collectively called "Environmental Laws "). Grantors shall indemnify, defend and hold Bank harmless from and against; (a) any loss, costs, expense, claim or liability arising out of any investigation, monitoring, clean -up, containment, removal, storage, remedial or restoration work ( "Remedial Work ") required by Bank, or any non - governmental entity or person, or any governmental agency or political subdivision which requires Remedial Work upon a reasonable belief that the Remedial Work is required by the Environmental Laws; and (b) any claims of third parties for loss, injury, expense or damage arising out of the use, presence, treatment, generation, release, discharge, disposal or transportation of any Hazardous Materials on, under, in, above, to or from the Mortgaged Premises. In the event any Remedial Work is so required under applicable Environmental Laws, Grantors shall perform or cause to be performed the Remedial Work in compliance with all Environmental Laws. All Remedial Work shall be performed by one or more contractors under the supervision of a consulting engineer, each contractor and the consulting engineer being selected by Grantors and approved in advance in writing by Bank. Grantors shall promptly provide the Bank with copies of the remedial plan and allow the Bank to attend meetings among Grantors, the consulting engineer, the contractors and any regulatory authority. In the even Grantors shall fail to commence the Remedial Work in a timely fashion or fail to prosecute diligently the Remedial Work to completion, Bank may, but shall not be required to, cause the Remedial Work to be performed, subject fully to the indemnification provisions of this section. It shall not be necessary for the Bank to incur any expense to enforce this indemnification, and the indemnification contained herein shall survive repayment of the Note and release of the lien of this Deed of Trust and shall be fully applicable notwithstanding any negligence on the part of any Indemnified Party. The liabilities and covenants of Grantors hereunder may not be assigned and any such assignment shall be null and void without the Bank's prior written consent. 30. Security Interest. Grantor also grants to the trustee a security interest in all oil, gas, and other minerals that might be produced from the land covered by this deed of trust. This deed of trust (i) is to be filed in the real property records of the county in which the land is located, (ii) covers all "as- extracted collateral," as defined in Texas Business and Commerce Code §9.102, attributable to the land, (iii) serves as a security agreement covering the as- extracted collateral, (iv) serves as an assignment of all payments made for damages or anticipated damages to the land, and (v) serves as a financing statement covering as- extracted collateral and fixtures as provided in Texas Business and Commerce Code §9.502. The provisions of this paragraph are cumulative of all other provisions of this deed of trust. ADDITIONAL PROVISIONS: The note secured hereby is primarily secured by the Vendor's Lien retained in the Deed of even date herewith conveying the property to Grantors, which Vendor's Lien has been assigned to Lender, this Deed of Trust being additional security therefore. Deed of Trust (Security Agreement, Financing Statement) 14 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M032420141 ❑ The note secured hereby is in renewal and extension, but not in extinguishment of that certain indebtedness described on Renewal and Extension Exhibit attached hereto. ❑ Acknowledgment of Cash Advanced Against Non - Homestead Property. The Note represents funds advanced to Borrower on this day at Borrower's request and Borrower acknowledges receipt of such funds. Borrower states that Borrower does not now and does not intend ever to reside on, use in any manner, or claim the Property secured by this Security Instrument as a business or residential homestead. Borrower disclaims all homestead rights, interests and exemptions related to the Property. THIS 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. EXECUTED this Twelfth day of June, 2014 GRANTOR(S) AND MAILING ADDRESS(ES): ee Roy Brya t ailing address: 119 Avenue D Huntsville, TX 77320 -4835 STATE OF TE COUNTY OF Date [Sign Originals Only] The going instrument was acknowledged before me this /3 day of ` _ , 20l by Lee Ray Br ant. _ a ublic Print; Name My c.mmission expires: .4,/a 77a,e i7 D Deed of Trust (Security Agreement, Financing Statement) 15 ®PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] MLO Organization: First National Bank of Huntsville ID: 483909 MLO Individual: Lorri Anne Lehman ID: 491167 Deed of Trust (Security Agreement, Financing Statement) 16 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 6506 M03242014] 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 Vain- Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, 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 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; 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 4 and said 1.17 acre tract to a found 518 -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 ofsaid 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, sane being the southwesterly corner 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 to Abe Johnson by deed and recorded in Volume 96, Page 192 of said 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 be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11 -249 -027 EXHIBIT "A" PAGE _.L OF '. Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, TX 77320 -4835 Attorney Representation Notice LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 This Attorney Representation Notice ( "Notice ") is entered into between PeirsonPatterson, LLP ( "We ", "our" or "us ") and Lee Roy Bryant ("you" or "your" whether one or more), herein referred to as "Borrower ". LOAN DOCUMENTATION. PeirsonPatterson, LLP (We ", "us" or "our ") has prepared the legal instruments involved in this loan using information supplied by the Lender and other third parties. We have acted only on behalf of the Lender. We and the Lender have not assisted or rendered legal advice to Borrower with respect to the loan or the Property securing it or the documents executed in connection with it. If Borrower has any questions about the meaning of any document or Borrower's legal rights, Borrower should retain personal legal counsel for advice in this transaction. DESCRIPTION OF LEGAL SERVICES PERFORMED. We may have prepared all or part of the following legal instruments affecting title to the Property: Deed (if a purchase transaction), Note, Security Instrument and Assignment of Lien (if requested). DISCLAIMER OF REPRESENTATION OR WARRANTY. We have not conducted a title search on the Property, and make no representation or warranty about condition of the title, access to the Property or any other matters that might be revealed from Borrower's examination of a survey, title information, or the Property itself. Borrower is cautioned to make sure the Deed delivered to Borrower conveys what Borrower has contracted to purchase. DATA SUPPLIED BY LENDER. The disclosure calculations and fee data have been supplied by the Lender. We make no representations regarding the value of the Property, conformance with any limitations on fees, waiting periods or any other matters outside our control. RESPONSIBILITY FOR PAYMENT OF FEES. As part of Borrower's obligation to pay the expenses of the Lender in connection with the preparation of the legal documentation, Borrower agrees to pay directly to us at loan closing, the amount indicated on the Attorney Invoice, unless Lender has noted otherwise in their closing instructions. BASIS FOR FEE. The document preparation fee charged by us is based on a per transaction charge rather than an hourly fee. This fee is intended to provide fair compensation for our services, taking into consideration the time and labor required, the complexities of the questions involved, and the skill required to perform the services. Other considerations include our expertise in the complexities of the real estate practice, the necessary overhead associated with the rendering of the services and our assumption of risk in the rendering of the services. There has been no charge made for any disclosures or information required by the Real Estate Settlement and Procedures Act, the Truth -in- Lending Act or the Homeowners' Protection Act. Attorney Representation Notice 1 ©PeirsonPatterson, LLP. - Arlington, Texas 2004 -2009 1414090614 [Doc Id 3138 M12022013] NOTICE TO BORROWER AND SELLER REGARDING DEED PREPARATION. We represent Lender and only Lender in this transaction. If we have prepared a draft deed, it has been at the request of Lender. Seller and Borrower are advised to consult their respective legal counsel with any questions before signing the draft deed. We have provided the draft deed as a convenience. IF THE DRAFT DEED WE PREPARED IS USED, SELLER AND BORROWER (OR THEIR ATTORNEYS) SHOULD REVIEW AND AMEND IT, IF NECESSARY, TO MAKE CERTAIN THAT IT IS CONSISTENT WITH THE SALES CONTRACT AND CORRECTLY REFLECTS THE CONDITION OF TITLE FOR THE PROPERTY AND THE OBLIGATIONS OF THE PARTIES TRANSFERRING RIGHTS TO REAL PROPERTY, AND IF APPLICABLE RESERVING CERTAIN RIGHTS, FOR EXAMPLE MINERAL INTEREST, IS AN INHERENTLY COMPLEX MATTER AND CONTEMPLATES THE INVOLVEMENTS OF ATTORNEYS. IF APPLICABLE, THE DEED SHOULD BE AMENDED TO REFLECT ANY MINERAL OR OTHER RESERVATION. BE CERTAIN THAT THE DEED EXPRESSES THE INTENT OF SELLER AND BORROWER. ANOTHER DEED, OR AMENDMENTS TO THE DRAFT DEED, MUST BE REVIEWED AND APPROVED BY US PRIOR TO ITS EXECUTION. To the extent Lender and Seller are the same, we further represent Lender in its capacity as Seller for purposes of Deed preparation only. Seller is signing this agreement only to receive the notices and to assent to the terms contained in this paragraph. Borrower and Seller hereby acknowledge receiving and reading a copy of this Notice and affirm the accuracy of their respective statements contained herein. [Sign Originals Only] City of Huntsville %;/ By: CO DLz,/ XL4 ,)-(xtr2 Attorney Representation Notice 2 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 3138 M12022013] TRUTH -IN- LENDING DISCLOSURE STATEMENT (THIS IS NEITHER A CONTRACT NOR A COMMITMENT TO LEND) Version: 01/30/2011 LOAN ORIGINATOR: NMLS ID: COMPANY NMLS ID: CREDITOR: BORROWER(S): MAILING ADDRESS: PROPERTY ADDRESS: Lorri Anne Lehman 491167 483909 First National Bank of Huntsville P O Box 659, 1300 11th Street Huntsville, TX 77340 Lee Roy Bryant 119 Avenue D, Huntsville, TX 77320 -4835 119 Avenue D, Huntsville, TX 77320 -4835 Loan Number: Closing Date: Type of Loan: Initial TIL Date: 167000 06/12/2014 Cony 03/13/2014 ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments RATE The cost of your credit as a The dollar amount the credit The amount of credit provided The amount you will have yearly rate will cost you to you on your behalf paid after you have made all payments as scheduled 5.0573% $81,658.67 $86,400.60 $168,059.27 INTEREST RATE AND PAYMENT SUMMARY Interest Rate Principal + Interest Payment $466.84 Est. Taxes + Insurance (Escrow) $239.48 Total Est. Monthly Payment $706.32 There is no guarantee that you will be able to refinance to lower your rate and payments. VARIABLE RATE FEATURE: Your loan does not have a variable rate feature. SECURITY: ASSUMPTION: LATE CHARGE: PREPAYMENT: DEMAND FEATURE: REQUIRED DEPOSIT: Truth in Lending Disclosure Statement You are giving a security interest in the property located at: 119 Avenue D, Huntsville, TX 77320 -4835 Someone buying the property cannot, unless otherwise provided by federal law, be allowed to assume the remainder of the loan on the original terms If your payment is more than 10 days late, you will be charged a late charge of 5.000% of the overdue payment of principal and interest. If you pay off early, you will not have to pay a penalty. You will not be entitled to a refund of part of the finance charge. N/A N/A 201406060048 1 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 7022 M10082013] TRUTH -IN- LENDING DISCLOSURE STATEMENT CONTINUED FILING / RECORDING FEES: See Settlement Statement INSURANCE: The following insurance is required to obtain credit: Property insurance You may obtain the insurance from anyone you want that is acceptable to Lender. You are not required to complete this agreement merely because you have received these disclosures or signed a loan application. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. (e) means an estimate I/We have received these disclosures Truth in Lending Disclosure Statement /Sign Originals Only/ 2 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 7022 M10082013] Lender: First National Bank of Huntsville P O Box 659, 1300 11th Street Huntsville, TX 77340 LO Company NMLS ID 483909 LO NMLS ID 491167 APR & FINANCE CHARGE SUMMARY Closing: Funding: Loan Amount: Loan Term: Borrower(s): Lee Roy Bryant Mailing Address: Property Address: 119 Avenue D, Huntsville, TX 77320 -4835 119 Avenue D, Huntsville, TX 77320 -4835 Note Rate: Type of Loan: 1st Payment: Loan # 167000 06/12/2014 06/12/2014 $86,925.00 360 5.000% Conventional 07/12/2014 Annual Percentage Rate 5.0573% Finance Charge (1) $81,658.67 Amount Financed (2) $86,400.60 Total of Payments (3) $168,059.27 Total Sales Price (4) F>tnahce. Charges* Flood certification Settlement or closing fee TX Doc Prep APR Title courier fee/Express mail fee Wire fee Guaranty fee Total Prepaid Finance Charges Plus Interest for life of loan TOTAL FINANCE CHARGE 141. <+ a of bunt inane Total Loan Amount Less Prepaid Finance Charges TOTAL AMOUNT FINANCED alc Oil lur�il pf P Finance Charge Plus Amount Financed TOTAL OF PAYMENTS Caleulahan o N/A ament ales:" 4.00 300.00 175.00 25.00 15.00 5.40 524.40 81,134.27 81,658.67 86,925.00 524.40 86,400.60 81,658.67 86,400.60 168,059.27 APR & Finance Charge Summary ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 5905 M11252013] ITEMIZATION OF AMOUNT FINANCED LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 LENDER: First National Bank of Huntsville P 0 Box 659, 1300 11th Street Huntsville, TX 77340 BORROWERS: Lee Roy Bryant ADDRESS: 119 Avenue D Huntsville, TX 77320 -4835 PROPERTY ADDRESS: 119 Avenue D, Huntsville, TX 77320 -4835 Date: 06/12/2014 Funding: 06/12/2014 Mortgage Ins: No Loan Amount: $86,925.00 Loan Term: 360 months Note Rate: 5.000% Type of Loan: Cony 151 Payment: 07/12/2014 Itemization of the Amount Financed of $86,400.60 (per Truth in Lending) Amount given to you directly $83,357.32 Amount paid on your account $1,173.28 Homeowner's insurance Property taxes Aggregate Escrow Adjustment Amount paid to others on your behalf Credit report to Equifax Flood determination to Wolters Kluwer Financial Services Homeowner's insurance premium to Hochheim Prairie Farm Owner's title insurance to Walker County Title Company Lender's title insurance to Walker County Title Company Government recording charges- Mtg:$128.00 TDHCA @nd Lien MTP + Endorsements to Walker County Title Company Tax Certificate to Walker County Title Company Amount Financed Prepaid Finance Charges Flood certification to Wolters Kluwer Financial Services Settlement or closing fee to Walker County Title Company TX Doc Prep APR to PeirsonPatterson, LLP Title courier fee /Express mail fee to Walker County Title Company Wire fee to Walker County Title Company Guaranty fee to Walker County Title Company Total Closing Cost $41.92 $1,382.92 ($251.56) $3.00 $9.00 $503.00 $817.00 $200.00 $128.00 $200.00 $10.00 $4.00 $300.00 $175.00 $25.00 $15.00 $5.40 $1,870.00 $86,400.60 $524.40 $3,567.68 Itemization of Amount Financed ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 4013 M04072014] TRUTH -IN- LENDING DISCLOSURE STATEMENT (THIS IS NEITHER A CONTRACT NOR A COMMITMENT TO LEND) Version: 01/30/2011 LOAN ORIGINATOR: NMLS ID: COMPANY NMLS ID: CREDITOR: BORROWER(S): MAILING ADDRESS: PROPERTY ADDRESS: Lorri Anne Lehman 491167 483909 First National Bank of Huntsville P 0 Box 659, 1300 11th Street Huntsville, TX 77340 Lee Roy Bryant 119 Avenue D, Huntsville, TX 77320 -4835 119 Avenue D, Huntsville, TX 77320 -4835 Loan Number: Closing Date: Type of Loan: Initial TIL Date: 167000 06/12/2014 Cony 03/13/2014 ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments RATE The cost of your credit as a The dollar amount the credit The amount of credit provided The amount you will have yearly rate will cost you to you on your behalf paid after you have made all payments as scheduled 5.0573% $81,658.67 $86,400.60 $168,059.27 INTEREST RATE AND PAYMENT SUMMARY Interest Rate Principal + Interest Payment $466.84 Est. Taxes + Insurance (Escrow) $239.48 Total Est. Monthly Payment $706.32 There is no guarantee that you will be able to refinance to lower your rate and payments. VARIABLE RATE FEATURE: Your loan does not have a variable rate feature. SECURITY: ASSUMPTION: LATE CHARGE: PREPAYMENT: DEMAND FEATURE: REQUIRED DEPOSIT: Truth in Lending Disclosure Statement You are giving a security interest in the property located at: 119 Avenue D, Huntsville, TX 77320 -4835 Someone buying the property cannot, unless otherwise provided by federal law, be allowed to assume the remainder of the loan on the original terms If your payment is more than 10 days late, you will be charged a late charge of 5.000% of the overdue payment of principal and interest. If you pay off early, you will not have to pay a penalty. You will not be entitled to a refund of part of the finance charge. N/A N/A 201406060048 1 ©PeirsonPatterson, LLP.-Arlington, Texas 2004 -2009 1414090614 [Doc Id 7022 M10082013] TRUTH -IN- LENDING DISCLOSURE STATEMENT CONTINUED FILING / RECORDING FEES: See Settlement Statement INSURANCE: The following insurance is required to obtain credit: Property insurance You may obtain the insurance from anyone you want that is acceptable to Lender. You are not required to complete this agreement merely because you have received these disclosures or signed a loan application. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. (e) means an estimate I/We have received these disclosures Truth in Lending Disclosure Statement /Sign Originals OnlyJ 2 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 7022 M10082013] Lender: First National Bank of Huntsville P 0 Box 659, 1300 11th Street Huntsville, TX 77340 LO Company NMLS ID 483909 LO NMLS ID 491167 APR & FINANCE CHARGE SUMMARY Closing: Funding: Loan Amount: Loan Term: Borrower(s): Lee Roy Bryant Mailing Address: Property Address: 119 Avenue D, Huntsville, TX 77320 -4835 119 Avenue D, Huntsville, TX 77320 -4835 Note Rate: Type of Loan: 1st Payment: Loan # 167000 06/12/2014 06/12/2014 $86,925.00 360 5.000% Conventional 07/12/2014 Annual Finance Charge Amount Financed Total of Payments Total Sales Price Percentage Rate (1) (2) (3) (4) 5.0573% $81,658.67 $86,400.60 $168,059.27 Finance Charges Flood certification Settlement or closing fee TX Doc Prep APR Title courier fee/Express mail fee Wire fee Guaranty fee Total Prepaid Finance Charges Plus Interest for life of loan TOTAL FINANCE CHARGE 4.00 300.00 175.00 25.00 15.00 5.40 524.40 81,134.27 81,658.67 Gfli�n�l�tipi>f �o���l<n Total Loan Amount Less Prepaid Finance Charges TOTAL AMOUNT FINANCED mance � 6 86,925.00 524.40 86,400.60 ±ac a tl"an Hof anal oaPaymein Finance Charge Plus Amount Financed TOTAL OF PAYMENTS 81,658.67 86,400.60 168,059.27 Calcul'ationmafrotal Sales APR & Finance Charge Summary ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 5905 MI1252013] ITEMIZATION OF AMOUNT FINANCED LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 LENDER: First National Bank of Huntsville P 0 Box 659, 1300 11th Street Huntsville, TX 77340 BORROWERS: Lee Roy Bryant ADDRESS: 119 Avenue D Huntsville, TX 77320 -4835 PROPERTY ADDRESS: 119 Avenue D, Huntsville, TX 77320 -4835 Date: 06/12/2014 Funding: 06/12/2014 Mortgage Ins: No Loan Amount: $86,925.00 Loan Term: 360 months Note Rate: 5.000% Type of Loan: Cony 1 s` Payment: 07/12/2014 Itemization of the Amount Financed of $86,400.60 (per Truth in Lending) Amount given to you directly Amount paid on your account Homeowner's insurance Property taxes Aggregate Escrow Adjustment Amount paid to others on your behalf Credit report to Equifax Flood determination to Wolters Kluwer Financial Services Homeowner's insurance premium to Hochheim Prairie Farm Owner's title insurance to Walker County Title Company Lender's title insurance to Walker County Title Company Government recording charges- Mtg:$128.00 TDHCA @nd Lien MTP + Endorsements to Walker County Title Company Tax Certificate to Walker County Title Company Amount Financed Prepaid Finance Charges Flood certification to Wolters Kluwer Financial Services Settlement or closing fee to Walker County Title Company TX Doc Prep APR to PeirsonPatterson, LLP Title courier fee /Express mail fee to Walker County Title Company Wire fee to Walker County Title Company Guaranty fee to Walker County Title Company Total Closing Cost $41.92 $1,382.92 ($251.56) $3.00 $9.00 $503.00 $817.00 $200.00 $128.00 $200.00 $10.00 $4.00 $300.00 $175.00 $25.00 $15.00 $5.40 $83,357.32 $1,173.28 $1,870.00 $86,400.60 $524.40 $3,567.68 Itemization of Amount Financed OPeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 4013 M04072014] CALCULATION OF AGGREGATE ESCROW ACCOUNT Borrower(s) Name and Address: Lee Roy Bryant 119 Avenue D Huntsville, TX 77320 -4835 Lender /Servicer Name and Address First National Bank of Huntsville P O Box 659, 1300 11th Street, Huntsville, TX 77340 Phone: (936) 295 -5701 Mortgage Insurance /Case Number Loan # 167000 HUD -1 Reserve Account Entries Based on information available to preparer, the following can be used for computing HUD -1 Settlement Statement. HUD ACCOUNT ACCOUNT DESCRIPTION RESERVE MONTHS AMOUNT PER MONTH TOTAL RESERVE 1002 Homeowner's insurance 1 41.92 41.92 1004 Property taxes 7 197.56 1,382.92 Oct 2014 Aggregate reserve adjustment 0.00 (251.56) Nov 2014 Total escrow required 0.00 1,173.28 Initial Escrow Account Disclosures MONTH PAYMENTS TO ESCROW ACCT PAYMENTS FROM ESCROW ACCT DESCRIPTION Escrow Computation Year Beginning Balance: ESCROW ACCT. BALANCE 1,173.28 Jul 2014 239.48 0.00 1,412.76 Aug 2014 239.48 0.00 1,652.24 Sep 2014 239.48 0.00 1,891.72 Oct 2014 239.48 0.00 2,131.20 Nov 2014 239.48 0.00 2,370.68 Dec 2014 239.48 2,370.68 Property taxes 239.48 Jan 2015 239.48 0.00 478.96 Feb 2015 239.48 0.00 718.44 Mar 2015 239.48 0.00 957.92 Apr 2015 239.48 0.00 1,197.40 May 2015 239.48 0.00 1,436.88 Jun 2015 239.48 503.00 Homeowner's insurance 1,173.36 Escrow Cushion For Mtg Insurance For Other Items Cushion Amount 0 Mo. 1 Mo. $239.48 Payments Beginning Amount Owed 07/12/2014 Escrow Payment Total Payment $466.84 $239.48 $706.32 Aggregate Escrow Account Entry ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 5907 M04112011] INITIAL ESCROW ACCOUNT DISCLOSURE STATEMENT Borrower(s) Name and Address Lee Roy Bryant 119 Avenue D Huntsville, TX 77320 -4835 Lender /Servicer Name and Address First National Bank of Huntsville P O Box 659, 130011th Street, Huntsville, TX 77340 Loan # 167000 Phone: (936) 295 -5701 Mortgage Insurance /Case Number Your first payment is due July, 12 2014 and will be $706.32, of which $466.84 will be for the amount owed, and $239.48 will go into your escrow account. This is an estimate of activity in y MONTH our escrow account during the next 12 months based on payments anticipated to be made from your account. ESCROW ACCT. BALANCE 1,173.28 PAYMENTS TO ESCROW ACCT PAYMENTS FROM ESCROW ACCT DESCRIPTION Escrow Computation Year Beginning Balance: Jul 2014 239.48 0.00 1,412.76 Aug 2014 239.48 0.00 1,652.24 Sep 2014 239.48 0.00 1,891.72 Oct 2014 239.48 0.00 2,131.20 Nov 2014 239.48 0.00 2,370.68 Dec 2014 239.48 2,370.68 Property taxes 239.48 Jan 2015 239.48 0.00 478.96 Feb 2015 239.48 0.00 718.44 Mar 2015 239.48 0.00 957.92 Apr 2015 239.48 0.00 1,197.40 May 2015 239.48 0.00 1,436.88 Jun 2015 239.48 503.00 Homeowner's insurance 1,173.36 (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: $239.48 By signing below, I /we acknowledge receipt of a copy of this Initial Escrow Account Disclosure Statement. -/3# Date Initial Escrow Disclosure [Sign Originals Only] 1 OPeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 5906 M040420111 Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, Texas 77320 -4835 TEXAS FRAUD NOTICE LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 WARNING: INTENTIONALLY OR KNOWINGLY MAKING A MATERIALLY FALSE OR MISLEADING WRITTEN STATEMENT TO OBTAIN PROPERTY OR CREDIT, INCLUDING A MORTGAGE LOAN, IS A VIOLATION OF SECTION 32.32, TEXAS PENAL CODE, AND, DEPENDING ON THE AMOUNT OF THE LOAN OR VALUE OF THE PROPERTY, IS PUNISHABLE BY IMPRISONMENT FOR A TERM OF 2 YEARS TO 99 YEARS AND A FINE NOT TO EXCEED $10,000.00. "I/We the undersigned home loan applicant(s), represent that I /we have received, read, and understand this notice of penalties for making a materially false or misleading written statement to obtain a home loan." "I /We represent that all statements and representations contained in my /our written home loan application, including statements or representations regarding my /our identity, employment, annual income, and intent to occupy the residential real property secured by the home loan, are true and correct as of the date of loan closing." Texas Property Code Sec. 343.105 /3 -4- Date [Sign Originals Only] Texas Fraud Notice 1414090614 [Doc Id 8127 M01102014] STATE OF TEXA COUNTY OF The foregoing instrument was acknowledged before me this /� day of .- , 20 f/ by Lee Aaild. Bryrnt. ��,tary `.lic .44%!/ ./A4/e//7-44' .0 k.6'' r'"" ;� My commission expires: ' -/4-/ ° '�i�i '`'/164��'L014 a�••���'$'''s\ "1 /InfilllttOt Texas Fraud Notice 2 1414090614 [Doc Id 8127 M011020141 Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, Texas 77320 -4835 Flood Insurance Coverage Subject to Possible Change LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 If your property is or becomes zoned for required flood insurance and we assign, sell or transfer the servicing of your mortgage loan, your new lender /servicer may require more flood insurance coverage than the minimum amount that has been identified in your Notice of Special Flood Hazards (NSFH). The new lender /servicer may require coverage in an amount greater than the minimum, and has the right to require flood coverage at least equal to 100% of the insurable value (also known as replacement cost value) of the building(s) used as collateral to secure the loan or the maximum available under the National Flood Insurance Program (NFIP) for the particular type of building. You should review your exposure to flood damage with your insurance provider, as you may wish to increase your coverage above the minimum amount required at the time of closing your loan versus what subsequently the new lender /servicer may require. Acknowledged by Borrower(s) this Twelfth day of June, 2014. 4 /3 -/(- gn ure Date L e Roy Bry. nt [Sign Originals Only] Flood Insurance Coverage Subject to Possible Change 1 ©PeirsonPatterson, LLP.- Arlington, Texas 2011 1414090614 [Doc Id 2936 M12032013] BORROWER ACKNOWLEDGEMENT OF RECEIPT OF FEDERAL DISCLOSURES FOR MORTGAGE TRANSACTIONS SUBJECT TO RESPA LO Company NMLS ID 483909 LO NMLS ID 491167 Words used in this Acknowledgment are defined below. Words in the singular mean and include the plural and vice versa. "Borrower" is Lee Roy Bryant. "Lender" is First National Bank of Huntsville , and its successors and assigns. "Property" means the property commonly known as 119 Avenue D, Huntsville, Texas 77320 -4835. Borrower acknowledges receiving the following notices and disclosures at the times indicated: REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA) NOTICES If this is a purchase transaction, consumer booklet entitled Buying Your Home - Settlement Costs and Helpful Information (either at the time of application or by mail postmarked within three (3) business days of Lender's receipt of the application). Good Faith Estimate of closing costs (either at the time of application, electronically consistent with the E -Sign Act or by mail postmarked within three (3) business days of Lender's receipt of the application). Servicing Disclosure Statement (either at the time of application if there was a face -to -face interview, electronically consistent with the E -Sign Act or by mail postmarked within three (3) business days of Lender's receipt of the application). Uniform Settlement Statement HUD -1 or HUD -1A (at or before settlement) in which all charges paid or to be paid by Borrower in connection with the settlement were set forth. The statement was provided for Borrower's review at least one (1) business day prior to the settlement date, if requested by Borrower. TRUTH IN LENDING ACT (TILA) NOTICES Initial Truth in Lending Disclosure Statement (either at the time of application, electronically consistent with the E -Sign Act or by mail postmarked within three (3) business days of Lender's receipt of the application and before any charges were imposed upon me /us with the exception of a credit report fee). Final Truth in Lending Statement at least 3 days prior to consummation of the loan if last Truth in Lending was not in tolerance. If this loan is a refinance transaction and subject to Section 226.32 of Regulation Z, Final Disclosure Required by the Federal Truth in Lending Act and the Federal Reserve Regulation Z for Section 226.32 Mortgages (at least three (3) business days [including Saturdays] prior to consummation of the loan). If this is a rescindable transaction, two (2) Notices of Right to Cancel (at consummation of the loan). If the loan is to be secured by Borrower's primary residence and Borrower applied for an adjustable rate feature, Adjustable Rate Mortgage Program Disclosure and consumer booklet entitled Consumer Handbook on Adjustable Rate Mortgages (either at the time of application of before a non - refundable fee was paid, whichever was earlier, or by mail postmarked within three (3) business days of Lender's receipt of the application from an intermediary agent or broker). Borrower Acknowledgement of Receipt of Federal Disclosures (Multistate) 1 1414090614 [Doc Id 3432 M04022014] If this transaction was changed to a variable rate program during the processing period, Adjustable Rate Mortgage Program Disclosure and consumer booklet entitled Consumer Handbook on Adjustable Rate Mortgages (before consummation of the loan). NATIONAL FLOOD INSURANCE ACT (NFIA) NOTICE If the Property is or will be located in an area designated by the Federal Emergency Management Agency as an area having special flood hazards, Notice of Special Flood Hazards and Availability of Federal Disaster Relief Assistance (at a reasonable time prior to closing). HOMEOWNERS PROTECTION ACT OF 1998 (HPA) NOTICES If this transaction has private mortgage insurance to be paid by Lender, Lender Paid Private Mortgage Insurance Notice (at or before the time of loan commitment). If this transaction has private mortgage insurance to be paid by Borrower, Private Mortgage Insurance Disclosure (at consummation of the loan). RIGHT TO RECEIVE COPY OF APPRAISAL Lender provided me /us with a copy of the appraisal report of the Property upon the earlier of: (1) completion of the appraisal; or (2) at least three business days prior to closing, unless I /we waived the three business day advance requirement and agreed to receive it at closing. GRAMM- LEACH - BLILEY ACT (FINANCIAL PRIVACY) Notice Lender provided me /us with a copy of Lender's Financial Privacy Notice detailing Lender's policy on the matter. [Sign Originals Only] Borrower Acknowledgement of Receipt of Federal Disclosures (Multistate) 2 1414090614 [Doc Id 3432 M04022014] Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, Texas 77320 -4835 Date: June 12, 2014 Appraisal Receipt LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 The Equal Credit Opportunity Act (15 USC 1691(e)) and the Fannie Mae and Freddie Mac (FNMA/FHLMC) Appraiser Independence Requirements require that: The lender shall ensure that the borrower is provided a copy of any appraisal report concerning the borrower's subject property promptly upon completion at no additional cost to the borrower, and in any event no less than three business days prior to the closing of the loan. The borrower may waive this three business day requirement. The lender may require the borrower to reimburse the lender for the cost of the appraisal. ❑ By signing this document, Borrower acknowledges receipt of the completed appraisal report at least three business days prior to closing of the loan. By signing this document, Borrower acknowledges and agrees that at least three days prior to closing of the loan, Borrower waived the requirement that the completed appraisal report be delivered to Borrower at least three business days prior to the closing of the loan, and consented to delivery of the completed appraisal report at or before closing. ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge receipt of this Appraisal Report Disclosure and further acknowledge that I understand its provisions. Words used in this document mean and include the plural and vice versa. [Sign Originals Only] Appraisal Receipt 1 ©PeirsonPatterson, LLP - Arlington, Texas 2004 -2009 1414090614 [Doc Id 3495 M02282014] Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, Texas 77320 -4835 Borrower's Agreement with Lender's Opinion of Borrower's Ability to Repay LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 I /We (Borrower) make the following representations: 1. I /We (Borrower) have seen our income analysis as calculated by Lender on our loan application (Form 1003). 2. I /We (Borrower) agree with those calculations. 3. I /We (Borrower) think that the calculations accurately state our income and that the amount of income is likely to continue. 4. The debts shown include all debts I /We (Borrower) are responsible for making payments on. 5. I /We (Borrower) believe we have the ability to repay this loan and can afford its payments along with the payments on any other debt outstanding based on our current financial status as of the time we closed this loan. /Sign Originals Only/ Borrower's Agreement with Lender's Opinion of Borrower's Ability to Repay 1 ®PPDocs, Inc. 2004 -2014 1414090614 [Doc Id 1115 M04112014] Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, Texas 77320 -4835 Document Correction Agreement LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 AGREEMENT TO CORRECT 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: That, should a document be lost or misplaced, misstated or inaccurately reflect the true and correct terms and conditions of the Loan, upon the request of the Lender (including persons acting on behalf of the Lender) or Settlement Agent, 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 documents(s). Borrower's completed and accepted final application and any disclosure statements provided by Lender shall be evidence of Borrower's and Lender's intent regarding the agreed terms and conditions of the loan. If a replacement note is executed, the Lender hereby indemnifies the Borrower(s) against any loss associated with a demand on the original executed note. The documents Lender requests Borrower(s) to execute, acknowledge, initial and deliver pursuant to this Paragraph shall hereinafter 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 from Lender for such replacement. Borrower(s) also agrees that upon the request of the Lender (including persons acting on behalf of the Lender) or Settlement Agent, Borrower(s) will comply with Lender's reasonable request to supply additional documentation and/or to pay Lender any additional sums previously disclosed to Borrower(s) as a cost or fee associated with the Loan which for whatever reason was not collected at closing. The documents or fees Lender requests Borrower(s) to provide pursuant to this Paragraph shall hereinafter be referred to as "Additional Documents or Fees." REOUEST BY LENDER: Any request by the Lender, (including persons acting on behalf of the Lender) or Settlement Agent for any Additional Documents or Fees shall be prima facie evidence of the necessity for same. A written statement from Lender, (including persons acting on behalf of the Lender) or Settlement Agent, addressed to Borrower(s) at the address indicated in the documentation shall be considered conclusive evidence of the necessity for said Additional Documents or Fees or corrections thereof. FAILURE TO DELIVER REPLACEMENT OF ADDITIONAL DOCUMENTS OR FEES MAY CONSTITUTE DEFAULT: Borrower(s')'s failure or refusal to comply with the terms of the Lender's request may, at Lender's election, constitute a default under the note and/or mortgage /deed of trust and give Lender the option of declaring all sums secured by the loan documents immediately due and payable. 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 sustains thereby including but not limited to all attorney's fees and costs incurred by Lender. Document Correction Agreement 1 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 3137 M12022013] This Agreement shall 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). [Sign Originals Only] Document Correction Agreement 2 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 3137 M12022013] Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, Texas 77320 -4835 Error and Omissions / Compliance Agreement LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 The undersigned borrower(s) for and in consideration of the above - referenced Lender this date funding the closing of this loan agrees, if requested by Lender or Closing Agent for Lender, to fully cooperate and adjust for clerical errors, any or all loan closing document if deemed necessary or desirable in the reasonable discretion of Lender to enable Lender to sell, convey, seek guaranty or market said loan to any entity, including but not limited to an investor, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Government National Mortgage Association, Federal Housing Authority, Department of Veterans Affairs or the Federal Agricultural Mortgage Corporation (FAMC). The undersigned borrower(s) do hereby so agree and covenant in order to assure that this loan documentation executed this date will conform and be acceptable in the marketplace in the instance of transfer, sale or conveyance by Lender of its interest in and to said loan documentation. DATED effective this Twelfth day of June, 2014. lure ee Roy Br ant STATE OF TEX COUNTY OF foregoing instr}qnent w rya r, tryPubl' ted Na Date [Sign Originals Only] ackno)vledgecj before me this /3 day of � , 20 1/ by Lee y commission expires: JUDY ANN THORNTON MY COMMISSION EXPIRES Aupuet 14, 2014 Error & Omissions /Compliance Agreement 1 ©PeirsonPatterson, LLP.-Arlington, Texas 2004 -2009 1414090614 [Doc Id 5923 M120220131 Lender: Lender Address: Borrower: Property: First National Bank of Huntsville P 0 Box 659, 1300 11th Street, Huntsville, TX 77340 Lee Roy Bryant 119 Avenue D, Huntsville, Texas 77320 -4835 Fair Credit Reporting Act Notice (Prior to Furnishing Negative Information to Nationwide Consumer Reporting Agency) LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 Pursuant to the Fair Credit Reporting Act and Regulation V, we are required to provide you with the following information: We may report information about your loan and /or account to credit bureaus. Late payments, missed payments, or other defaults on your loan and /or account may be reflected in your credit report. ACKNOWLEDGMENT I /We have read the above statement and acknowledge receiving a copy by signing and dating below. [Sign Originals Only] Fair Credit Reporting Act Notice (Prior to Furnishing Negative Information to Nationwide Consumer Credit Agency) (Multistate) 40738MU 07/04 02006, The Compliance Source, Inc. 1414090614 [Doc Id 4628 M12022013] MORTGAGE FRAUD IS INVESTIGATED BY THE FBI LO Company NMLS ID 483909 LO NMLS ID 491167 Mortgage Fraud is investigated by the Federal Bureau of Investigation and is punishable by up to 30 years in federal prison or $1,000,000 fine, or both. It is illegal for a person to make any false statement regarding income, assets, debt, or matters of identification, or to willfully overvalue any land or property, in a loan and credit application for the purpose of influencing in any way the action of a financial institution. Some of the applicable Federal criminal statutes which may be charged in connection with Mortgage Fraud include: 18 U.S.C. § 1001 - Statements or entries generally 18 U.S.C. § 1010 - HUD and Federal Housing Administration Transactions 18 U.S.C. § 1014 - Loan and credit applications generally 18 U.S.C. § 1028 - Fraud and related activity in connection with identification documents 18 U.S.C. § 1341 - Frauds and swindles by Mail 18 U.S.C. § 1342 - Fictitious name or address 18 U.S.C. § 1343 - Fraud by wire 18 U.S.C. § 1344 - Bank Fraud 42 U.S.C. § 408(a) - False Social Security Number Unauthorized use of the FBI seal, name, and initials is subject to prosecution under Sections 701, 709, and 712 of Title 18 of the United States Code. This advisement may not be changed or altered without the specific written consent of the Federal Bureau of Investigation, and is not an endorsement of any product or service. [Sign Originals Only] Mortgage Fraud Warning 1414090614 [Doc Id 1780 M12032013] Lender: Borrower: Property: First National Bank of Huntsville Lee Roy Bryant 119 Avenue D, Huntsville, Texas 77320 -4835 No Undisclosed Debt Affidavit LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 I/We the undersigned Borrower(s) for and in consideration of the above referenced Lender attest that, since the date of my /our original loan application: 1. I /we have not incurred any additional debt obligations and all debt information original loan application is the only debt I /we have and the credit balances and payments have not incr 2. The status of my /our employment has not changed; all employment information original loan application remains true and accurate; and I /we have not received any notifications employer(s) indicating a change in my /our employment and/or income status. stated on the eased. stated on the from my /our It is illegal for a person to knowingly withhold debt obligation information regarding a credit application to a financial institution. Withholding such information is bank fraud. Bank fraud is investigated by the Federal Bureau of Investigation (FBI) and is punishable As of up to $1,000,000, or up to 30 years in federal prison, or both. DATED effective this /3 day of J4-t re El/y e Roy Bry nt o /3/'/ Dale CRIBED AND S,WORN TO BE ORE ME on the /3 day Nota Priijt My Public d Nam. Notary: JDty 4A/A 7-k A) ommiss n Expires: A2---/qv--/G ViL [Sign Originals Only] 0 / by Lee Roy No Undisclosed Debt Affidavit 1 OPPDocs, Inc. 2004 -2013 1414090614 [Doc Id 2125 M12032013] Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, Texas 77320 -4835 Notice of No Oral Agreements LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 THIS 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. Receipt of Notice: The undersigned hereby represents and warrants that I /we have each received and read a copy of this Notice on or before the execution of the "Loan Agreement." "Loan Agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, pursuant to which a financial institution loans or delays repayment of or agrees to loan or delay repayment of money, goods, or any other thing of value or to otherwise extend credit or make a financial accommodation. [Sign Originals Only] Notice of No Oral Agreements (Texas) 05502TX 11/97 ©2001, The Compliance Source, Inc. 1414090614 [Doc Id 3139 M12022013] Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, Texas 77320 -4835 Quality Control Release LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 We, the undersigned applicants, understand that our mortgage application may be selected by the Lender and/or its Assigns or Agent for a Quality Control Review. This review is designed to produce and maintain quality service for our borrowers and to comply with agency and Investor guidelines. The quality control review will involve verification of all of the credit information (including employment history, income, bank accounts, and credit references) as well as the property valuation. We agree to cooperate with the Lender and/or its assigns or its agents to the extent necessary to accomplish this review. It is understood that the information may be verified with third parties such as our employees, depository institutions or a credit reporting agency. We therefore have signed below authorizing the release of employment and /or financial information to assist in the Quality Control review process. [Sign Originals Only] Quality Control Release 1 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1414090614 [Doc Id 3514 M12032013] Lender: First National Bank of Huntsville Borrower: Lee Roy Bryant Property: 119 Avenue D, Huntsville, Texas 77320 -4835 Collateral Protection Insurance Notice (Texas) LO Company NMLS ID 483909 LO NMLS ID 491167 Loan # 167000 Pursuant to Texas law (Tex. Finance Code § 307.052), Lender is required to give the following notice at the time the credit agreement is executed. You have entered into a credit agreement that requires you to maintain Collateral Protection Insurance for the above property. As part of this agreement, you are required to: 1. Keep the collateral insured against damage in the amount the Lender specifies; 2. Purchase the insurance from an insurer that is authorized to do business in this state or an eligible surplus lines insurer; 3. Name Lender as the party to be paid under the policy in the event of a loss; and 4. If required by Lender, deliver to Lender a copy of the policy and proof of the payment of premiums. If you fail to meet any requirement listed above, Lender may obtain Collateral Protection Insurance on your behalf and at your expense. ACKNOWLEDGMENT I /We hereby acknowledge receipt of this Collateral Protection Insurance Notice and further acknowledge that Uwe understand its provisions. ure L Roy Bryant /3 Date [Sign Originals Only] Collateral Protection Insurance Notice (Texas) 06520TX 12/01 Rev. 09/03 ©2003, The Compliance Source, Inc. 1414090614 [Doc Id 7559 M12022013] DISCLOSURE TO SELLER In representing the lender's interests in the loan transaction with the Borrower who is purchasing your property, Hay Darby PLLC, Attorney at Law has prepared a General Warranty Deed or other instruments whereby the secured property is conveyed by you, as Seller, to the Borrower. The Lender must be assured that good title to the secured property is conveyed to the Borrower and that a vendor's lien is properly retained in such instrument benefitting the Lender. Unless otherwise provided in your sales contract with the Borrower, you as Seller are obligated to pay at the time of closing, or on demand, the legal fees of Hay Darby PLLC, Attorney at Law for preparation of the General Warranty Deed or other conveyancing instrument. The charge for such services is set forth on the closing or settlement statement furnished by the closing agent. By signing below, you acknowledge (i) Hay Darby PLLC, Attorney at Law, has not represented your interests as Seller in preparation of such instrument and has not given you legal advice in any regard, including expressly legal advice regarding the contract to sell the secured property, the legal instruments, or the closing of the transaction, and (ii) that you may consult independent counsel or hire an attorney to represent and advise you with respect to these matters, and the consequences of this transaction for you. Seller Date Seller Date CITY OF HUNTSVILLE Seller LOAN NO.: 77099991269c Date Seller Date Disclosure to Seller Fonn - HCSELDIS -6372 (Ver. 12-2013) ORIGINAL Texas Neighborhood Stabilization Program (NSP) Homebuyer Assistance Deferred Forgivable Subordinate Lien Note ( "Note ") Date: JUNE 12, 2014 Borrower: LEE ROY BRYANT Borrower's Mailing Address: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Lender's Mailing Address: 221 East llth St., Austin, Travis County, Texas 78701 P.O. Box 13941, Austin, Travis County, Texas 78711 -3941 PROPERTY: 119 AVENUE D HUNTSVILLE [Property] [City] WALKER TEXAS 77320 -4835 [County] [State] [Zip] more specifically described as. LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF [Legal Description] hereinafter referred to as "Property." 1. BORROWER'S PROMISE TO PAY Borrower promises to pay U. S. FOUR THOUSAND FIVE HUNDRED SEVENTY FIVE AND 00 /100 dollars ($ 4,575.00 ) ( "Principal Amount ") to the order of the Lender. Borrower understands that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. ANNUAL INTEREST RATE Zero percent (0 %) per annum ANNUAL INTEREST RATE ON MATURED, UNPAID AMOUNTS Ten percent (10.000 %) per annum LOAN NO.: 77099991269c TDHCANSPNOTEHBA Initials 11&13 Form - TDHCAN3-6587 (Ver. 02 -2014) Page 1 of 5 ORIGINAL 3. PAYMENT TERMS; TIME AND PLACE OF PAYMENTS (A) Payment Terms; Time of Payments The loan repayment of the Principal Amount of this Note shall be due and payable in legal tender of the United States of America in Five (5) equal annual installments of NINE HUNDRED FIFTEEN AND 00 /100 dollars ($ 915.00 ) each year beginning JULY 01, 2015 (the "First Anniversary"), and shall continue annually until JULY 01, 2019 , the expiration of Five (5) years ( "Maturity Date "). At Maturity Date, the unpaid and un- forgiven amounts owing under this Note shall be due and payable in full. Each payment installment will be applied first to accrued interest, if any, and the remainder to reduction of the Principal Amount. After Maturity Date, Borrower promises to pay any unpaid principal balance plus interest at the Annual Interest Rate on Matured, Unpaid Amounts. (B) Deferral and Annual Forgiveness Provided that the Borrower complies with the terms of this Note, the NSP Subordinate Deed of Trust, and any and all other documents evidencing, securing or executed in connection with this Note, the amounts of Principal Amount due and payable under this Note shall be deferred and waived annually at a rate of Ten (10.000 %) of Principal, Amount per year beginning on the First Anniversary and continuing annually until Maturity Date. (C) Place of Payment Borrower will make payment(s) at P. O. Box 13941, Austin, Texas 78711 -3941 or at a different place if required by the Note Holder. (D) Due on Sale /Repayment If one of the following events should occur before said Maturity Date, the unpaid and unforgiven balance of this Note shall be immediately due and payable and Note Holder may invoke any remedies provided under the NSP Subordinate Deed of Trust securing this Note: (a) Due on Sale /Repayment Subsection (a) (b) either of the Superior Lien Note(s) is refinanced in whole or in part or is assumed by a new borrower without the consent of the Note Holder; or (c) either of the unpaid balance(s) of the Superior Lien Note(s) becomes due and payable in full for any reason (whether by acceleration or according to its terms, and including, without limitation, because any maker of the Superior Lien Note(s) is in default); or (d) all or any part of the Property, or any interest in it, is leased, transferred or conveyed without Note Holder's prior, written consent; or (e) Borrower ceases to occupy the mortgaged property as his or her principal residence. If the collateral is residential real property containing fewer than five dwelling units or a residential manufactured home occupied by Borrower, exceptions to this provision are limited to (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the property; (b) creation of a purchase money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- owner; (d) grant of a leasehold interest of three years or less without an option to purchase; (e) transfer to a spouse or children of owner or between co- owners; (f) transfer to a relative of owner or on owner's death; and (g) transfer to an inter vivos trust in which owner is and remains a beneficiary and occupant of the property. (E) Recapture Upon the sale of the mortgaged property, any unpaid or un- forgiven balance of the Note shall be due and payable in full from the available Net Proceeds from the sale of the mortgaged property pursuant to LOAN NO.: 77099991269c n TDHCANSPNOTEHBA Initials L K )3 Force - TDHCAN3 -6587 (Ver. 02 -2014) Page 2 of 5 ORIGINAL 24 CFR § 92.254. Net Proceeds of a sale are the sales price of Property minus the closing costs, any superior lien loan repayment and any other necessary transaction costs. If the Net Proceeds are insufficient to repay the outstanding balance of the Note in full and Borrower's investment (which includes any portion of initial down payment paid by Borrower combined with the value of any capital improvements made with Borrower's funds), the Borrower's investment is paid in full first from the available proceeds from the re -sale and the Note is repaid to the extent that proceeds are available, but only in the event the mortgaged property was sold for an amount not less than the current appraised value as then appraised by the appropriate governmental authority without the consent of Lender. If there are no Net Proceeds and the mortgage property was sold for an amount not less than the current appraised value as then appraised by the governmental authority, repayment of the Note is not required. 4. BORROWER'S RIGHT TO PREPAY Borrower has the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of the prepayments to reduce the amount of principal that Borrower owes under this Note. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES: NO USURIOUS INTENT If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. The Note Holder may choose to make this refund by reducing the principal owed under this Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default If Borrower does not make the full amount of the annual payment on the date said annual installment payment is due, Borrower will be in default. Additionally, Borrower will be in default under this NSP Deferred Subordinate Lien Note: (i) if Borrower fails to perform any obligation required of Borrower under the deed of trust securing this Note or takes any action prohibited under the deed of trust securing this Note, (ii) if any representations made by Borrower in connection with this loan was false in any material respect when made, or (iii) if any default occurs under the Superior Lien Note(s) described herein or under the deed of trust securing said Superior Lien Note(s). Any default under the NSP Subordinate Deed of Trust securing this Note shall be deemed to be a default under this Note. (B) Notice of Default If Borrower is in default, the Note Holder may send Borrower a written notice telling Borrower that if Borrower does not pay the overdue amount by a certain date, the Note Holder may require Borrower to pay immediately the full amount of principal which has not been paid. That date must be at least 30 days after the date on which the notice is delivered or mailed to Borrower. LOAN NO.: 77099991269c 05 TDHCANSPNOTEHBA Initials L.0 Form - TDHCAN3.6587 (Ver. 02 -2014) Page 3 of 5 ORIGINAL (C) No Waiver By Note Holder Even if, at a time when Borrower is in default, the Note Holder does not require Borrower to pay immediately in full as described above, the Note Holder will still have the right to do so if Borrower is in default at a later time. (D) Payment of Note Holder's Costs and Expenses If the Note Holder requires Borrower to pay immediately in full as described above, the Note Holder will have the right to be paid and reimbursed for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower gives the Note Holder a notice of the changed in address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3 above or at a different address if Borrower is given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. 9. SUBORDINATION TO SUPERIOR LIENS This is a subordinate lien note, subject and subordinate in all respects to the lien, terms, covenants and conditions of the Superior Lien Note(s) described herein and the deed of trust securing payment of said Superior Lien Note(s). Borrower understands that any default under the Superior Lien Note(s) described herein or the deed of trust securing it will be a default under this Note. The lien(s) securing this Note is /are subordinate to the lien securing another note in the original principal amount of $ 86,925.00 , dated JUNE 12, 2014 and executed by LEE ROY BRYANT payable to the order of FIRST NATIONAL BANK OF HUNTSVILLE $ N/A N/A N/A payable to the order of N/A N/A 10. WAIVERS and , dated N/A and executed by Borrower and any other person who has obligations under this Note waive notice of intention except as provided in except as provided in Section 6 (C) above, and the rights of presentment dishonor. "Presentment" means the right to require the Note Holder to demand payment of "Notice of dishonor" means the right to require the Note Holder to give notice to other persons due have not been paid. LOAN NO.: 77099991269c TDHCANSPNOTEHBA Fonn - TDHCAN3 -6587 (Per. 02 -2014) Page 4 of 5 ORIGINAL Initials L R8 to accelerate, and notice of amounts due. that amounts 11. SECURITY FOR PAYMENT This Note is secured by a vendor's lien granted in a deed to Borrower dated the same date as this Note and the liens and security interests granted in the NSP Subordinate Deed of Trust (the "Security Instrument "), dated of even date herewith, from Borrower to Timothy K. Irvine of Travis County, Texas Trustee, for the benefit of Lender, upon and against the Property. 12. GOVERNING LAW The laws of the State of Texas and applicable federal law shall govern this Note. If applicable federal law permits any charge, fee or other item that is contracted for, charged, taken, reserved or received under this Note which is not permitted or in excess of the amount permitted under Texas law, the applicable federal law shall control. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ower V LE ROY B ANT Date Borrower Date Borrower LOAN NO.: 77099991269c TDHCANSPNOTEHBA Fonn - TDNCAN3.6587 (Ver. 02 -2014) Date Borrower Date Page 5 of 5 ORIGINAL AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711-3941 LOAN NO.: 77099991269c ESCROW NO.: 2013111222 TITLE NO.: 2013111222 Return to: WALKER COUNTY TITLE COMPANY 1109 UNIVERSITY AVENUE HUNTSVILLE, TEXAS 77340 GF# 0/3 /% /Zz2--- [SPACE ABOVE THIS LINE FOR RECORDING DATA] — Texas Neighborhood Stabilization Program (NSP) Subordinate Lien Deed of Trust ( "Deed of Trust ") NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: JUNE 12, 2014 Grantor: LEE ROY BRYANT, A SINGLE MAN Grantor Mailing Address: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Trustee: Timothy K. Irvine of Travis County, Texas Trustee's Mailing Address: P.O. Box 13491; Austin, Texas 78711 Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA "). Beneficiary's Mailing Address: 221 East 11th Street Austin, Travis County, Texas 78701 NSP Deferred Forgivable Subordinate Lien (Note): Date: Of even date herewith. Original principal amount: FOUR THOUSAND FIVE HUNDRED SEVENTY FIVE AND 00 /100---- __- ______________ -__ Maker: LEE ROY BRYANT Dollars ($ 4,575.00 ) Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA "). Maturity date: JULY 01, 2019 LOAN NO.: 77099991269c yJ TDHCANSPDOTHBA Initials LX 1 Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 1 of 9 ORIGINAL Terms of Payment: As provided therein Property: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Prior Liens: Date: JUNE 12, 2014 Grantor: LEE ROY BRYANT, A SINGLE MAN Trustee: Lorri Lehman Amount: EIGHTY SIX THOUSAND NINE HUNDRED TWENTY FIVE AND 00/100----------- - - - - -- Dollars ($ 86,925.00 ) Beneficiary: FIRST NATIONAL BANK OF HUNTSVILLE Date: N/A Grantor: N/A N/A N/A N/A N/A Trustee: N/A Amount: N/A Beneficiary: N/A ($ N/A Dollars Recording Information: To be recorded in the Real Property Records of WALKER County, Texas. Other Exceptions to Conveyance and Warranty: 1. Visible and apparent easements on or across property which may not appear of record. 2. All coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto. 3. Restrictions, covenants, easements and outstanding mineral reservations, rights to royalties, if any shown of record in the hereinabove mentioned county and state, all to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any. 4. Ownership of all oil, gas and other minerals; and rights of all parties claiming by, through or under said mineral owner(s). LOAN NO.: 77099991269c TDHCANSPDOTHBA Form - TDHCAD3.6649 (der. 10 -2013) Initials LR%3 Page 2 of 9 ORIGINAL For value received and to secure payment of Note, Grantor conveys the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty. On payment of Note and all other amounts secured by this Deed of Trust, this Deed of Trust will have no further effect, and Beneficiary will release it at Grantor's expense. A. Grantor's Obligations Grantor agrees to: 1. keep the Property in good repair and condition; 2. pay all taxes and assessments on the Property before delinquency; 3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the lien's priority as it is established in this Deed of Trust; 4. maintain, in a form acceptable to Beneficiary, an insurance policy that: a. covers all improvements for their full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a smaller amount in writing; b. provides fire and extended coverage, including windstorm coverage; c. protects Beneficiary with a standard mortgage clause; d. provides flood insurance at any time the Property is in a flood hazard area; and e. contains such other coverage as Beneficiary may reasonably require. 5. deliver the insurance policy to Beneficiary within ten days of the date of this Deed of Trust and deliver renewals to Beneficiary at least fifteen days before expiration; 6. obey all laws, ordinances, and restrictive covenants applicable to the Property; 7. keep any buildings occupied as required by the insurance policy; and 8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all prior lien notes and abide by or cause to be abided by all prior lien instruments. B. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all the rights and liens of the holders of any debt so paid. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce Note or to repair or replace damaged or destroyed improvements covered by the policy. If the Property is Grantor's primary residence and Beneficiary reasonably determines that repairs to the improvements are economically feasible, Beneficiary will make the insurance proceeds available to Grantor for repairs. 4. Notwithstanding note terms to the contrary, and unless applicable law prohibits, all payments received by Beneficiary from Grantor under Note or this Deed of Trust may, at Beneficiary's discretion, be applied first to amounts payable under this Deed of Trust and then to amounts due and payable to Beneficiary under Note, to be applied to late charges, principal, or interest in the order Beneficiary in its discretion determines. 5. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand for any amounts so paid, including attorney's fees, plus interest on those amounts from the dates of payment at the rate stated in Note for matured, unpaid amounts. The amount to be reimbursed will be secured by this Deed of Trust. 6. If there is a default on Note or if Grantor fails to perform any of Grantor's obligations and the default continues after any required notice of the default and the time allowed to cure, Beneficiary may: a. declare the unpaid principal balance and earned interest on Note immediately due; b. direct Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent will cause notice of the foreclosure sale to be given as provided by the Texas Property Code as then in effect; and LOAN NO.: 77099991269c TDHCANSPDOTHBA Initials Lid I3 Fonn - TDHCAD3 -6649 (Ver. 10 -2013) Page 3 of 9 ORIGINAL c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited on Note. 7. Beneficiary may remedy any default without waiving it and may waive any default without waiving any prior or subsequent default. C. Trustee's Duties If directed by Beneficiary to foreclose this lien, Trustee will: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then in effect; 2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash with a general warranty binding Grantor, subject to the Prior Lien and to the Other Exceptions to Conveyance and Warranty and without representation or warranty, express or implied, by Trustee; 3. from the proceeds of the sale, pay, in this order: a. expenses of foreclosure, including a reasonable commission to Trustee; b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance; and 4. be indemnified by Beneficiary against all costs, expenses, and liabilities incurred by Trustee for acting in the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other costs, including attorney's fees, incurred by Trustee in defense of any action or proceeding taken against Trustee in that capacity. D. General Provisions 1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any trustee's deed conveying the Property will be presumed to be true. 3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien will remain superior to liens later created even if the time of payment of all or part of Note is extended or part of the Property is released. 5. Application of Payments. If any portion of Note cannot be lawfully secured by this Deed of Trust, payments will be applied first to discharge that portion. Unless applicable law provides otherwise, payments will be applied next, to principal due; third, to interest due; and last, to any late charges due under the Note. 6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be exercised by successors in interest of all parties. 7. Hazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property in accordance with paragraph 9. Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the annual payments referred to in Note. If under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust LOAN Ni81.1:rieclii.A5MrigWo the acquisition. TDHCANSPDOTHBA Initials L k I3 Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 4 of 9 ORIGINAL 8. Usury; Interest. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions in this and all other instruments concerning the debt. 9. Protection of Beneficiary's Rights in the Property. If Grantor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take action under this paragraph 9, Beneficiary does not have to do so. Any amounts disbursed by Beneficiary under this paragraph 9 shall become additional debt of Grantor secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Beneficiary to Grantor requesting payment. 10. Mortgage Insurance. If Beneficiary required mortgage insurance as a condition of making the loan secured by this Security Instrument, Grantor shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Beneficiary lapses or ceases to be in effect, Grantor shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Grantor of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Beneficiary. If substantially equivalent mortgage insurance is not available, Grantor shall pay to Beneficiary each month a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Grantor when the insurance coverage lapsed or ceased to be in effect. Beneficiary will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Beneficiary, if mortgage insurance coverage (in the amount and for the period that Beneficiary requires) provided by an insurer approved by Beneficiary again becomes available and is obtained. Grantor shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Grantor and Beneficiary or applicable law. 11. Inspection. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 12. Condemnation. Grantor assigns to Beneficiary all amounts payable to or received by Grantor from condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the Property. After deducting any expenses incurred, including attorney's fees and court and other costs, Beneficiary will either release any remaining amounts to Grantor or apply such amounts to reduce Note. Beneficiary will not be liable for failure to collect or to exercise diligence in collecting any such amounts. Grantor will immediately give Beneficiary notice of any actual or threatened proceedings for condemnation of all or part of the Property. 13. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any part of the Property have been advanced by Beneficiary at Grantor's request and upon Grantor's LOAN NO.: 77099991269c TDHCANSPDOTHBA Initials / /26 Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 5 of 9 ORIGINAL representation that such amounts are due and are secured by valid liens against the Property. Beneficiary shall be subrogated to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless of whether said liens or debts are acquired by Beneficiary by assignment or are released by the holder thereof upon payment. 14. Purchase Money; Vendor's Lien. Grantor represents that this Deed of Trust and Note are given for the following purposes; The funds advanced to Maker under Note are used to pay closing cost and part of the purchase price of the Property. Note also are primarily secured by a subordinate vendor's lien retained in the deed of even date with this Deed of Trust executed by CITY OF HUNTSVILLE conveying the Property to Maker, which subordinate vendor's lien has been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien. The subordinate vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the subordinate vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative. Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose under both 15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF THE BALANCE OF ALL PRINCIPAL AND INTEREST REMAINING DUE THEREON. If the Property is residential, real property containing fewer than five (5) dwelling units or a manufactured home occupied by Grantor, exceptions to this provision are limited to: (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b) creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- Grantor; (d) grant of a leasehold interest of three years or less without an option to purchase; (3) transfer to a spouse or children of Grantor or between co- Grantors; (f) transfer to a relative of Grantor on Grantor's death; and (g) transfer to an inter vivos trust in which Grantor is and remains a beneficiary and occupant of the Property. The restriction on the transfer of Property will automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure, or if the mortgage is assigned to the Secretary of the U. S. Department of Housing and Urban Development in accordance with 24 C.F.R. §203.41. 16. Loan Not a Home Equity Loan. The Loan evidenced by Note is not an extension of credit as defined by Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as Maker's residence, then Maker agrees that Maker will receive no cash from the Loan evidenced by Note and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete construction, or renew and extend a prior lien against the Property, will be used to reduce the balance evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's option. Maker agrees to execute any documentation necessary to comply with this Section. 17. Occupancy, Preservation, Maintenance and Protection of the Property. GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR BELOW Due on Sale /Repayment Subsection (a) OF AREA MEDIAN INCOME, AND WILL CONTINUE TO USE THE PROPERTY AS THEIR PRINCIPAL RESIDENCE. IF GRANTOR CEASES TO OCCUPY THE PROPERTY AS THEIR PRINCIPAL RESIDENCE, THE LOAN NO.: 77099991269c TDHCANSPDOTHBA Initials L1213 Fonn - TDHCAD3.6649 (Ver. 10 -2013) Page 6 of 9 ORIGINAL BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF THE UNPAID AND /OR UNFORGIVEN BALANCE OF ALL PRINCIPAL AND INTEREST, IF ANY, REMAINING DUE THEREON. HOWEVER, THIS ELECTION SHALL NOT BE EXERCISED BY BENEFICIARY IF PROHIBITED BY FEDERAL LAW. Grantor shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Grantor shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Beneficiary's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Deed of Trust or Beneficiary's security interest. Grantor may cure such a default and reinstate, as provided under part B, "Beneficiary's Rights ". and part C, "Trustees Rights ", by causing the action or proceeding to be dismissed with a ruling that, in Beneficiary's good faith determination, precludes forfeiture of the Grantor's interest in the Property or other material impairment of the lien created by this Deed of Trust or Beneficiary's security interest. Grantor shall also be in default if Grantor, during the loan application process, gave materially false or inaccurate information or statements to Beneficiary (or failed to provide Beneficiary with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Grantor' occupancy of the Property as a principal residence. 18. Hazardous Substances. Grantor shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Grantor shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Grantor shall promptly give Beneficiary written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Grantor has actual knowledge. If Grantor learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Grantor shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 19. Waiver of Notice of Intention to Accelerate. Grantor waives the right to notice of intention to require immediate payment in full of all sums secured by this Deed of Trust and the right to notice of acceleration, except in either case as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." 20. Substitute Trustee. Beneficiary, at its option and with or without cause, may from time to time remove Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall have the right to have enforcement of this Deed of Trust discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Deed of Trust; or (b) entry of a judgment enforcing this Deed of Trust. Those conditions are that Grantor: (a) pays Beneficiary all sums which then would be due under this Deed of Trust and the Note as if no acceleration had occurred; (b) cures any default of any other LOAN NO.: 77099991269c TDHCANSPDOTHBA Initials Qf3 Fonn - TDHCAD3 -6649 (Ver. 10 -2013) Page 7 of 9 ORIGINAL covenants or agreements; (c) pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's rights in the Property and Grantor's obligation to pay the sums secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of Trust and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." 22. Release. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall release this Deed of Trust without charge to Grantor. Grantor shall pay any recordation costs. 23. Severability. If any provision of this Deed of Trust is determined to be invalid or unenforceable, the validity or enforceability of any other provision will not be affected. 24. Partial Invalidity. In the event any portion of the sums intended to be secured by this Deed of Trust cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those portions not secured hereby. 25. The term Note includes all extensions and renewals of Note and all sums secured by this Deed of Trust. 26. When the context requires, singular nouns and pronouns include the plural. 27. If Grantor and Maker are not the same person, the term Grantor shall include Maker. 28. Second Lien. Notwithstanding any provision of this Deed of Trust to the contrary, the lien and security interest created hereby are expressly subordinate and inferior to the lien created by the Prior Lien. Upon the event of foreclosure or deed in lieu of foreclosure of the Prior Lien, any provisions herein, or any provisions in any other collateral agreement, restricting the use of the Property to low or moderate income households or otherwise restricting the Grantor's ability to sell the Property shall have no effect on subsequent owners or purchasers of the Property (other than the Grantor or a related entity of Grantor). Prior to taking any actions under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", Beneficiary shall notify the lienholder of the Prior Lien of the default, and shall provide the lienholder of the Prior Lien with the opportunity to cure any such default under this Deed of Trust. 29. Repayment Deferrals, Reductions and Forgiveness. Note provide for certain potential deferrals, principal reductions, forgiveness or other payment terms. Note also provide that full debt, if not paid or forgiven earlier, shall be due and payable on the sale of the Property (subject to paragraphs 15 and 17), refinance of any superior lien or acceleration of any superior lien note. 30. "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Balloon Rider ❑ 1 -4 Family Rider ❑ Other(s) [specify]: ❑ Condominium Rider ❑ Second Home Rider ❑ Planned Unit Development Rider ❑ Assumption Rider ❑ Biweekly Payment Rider ❑ Inter Vivos Trust Rider LOAN NO.: 77099991269c TDHCANSPDOTHBA Initials h RJ3 Form - TDHCAD3 -6649 (Ver. )0 -2013) Page 8 of 9 ORIGINAL GRANTOR: 4LE 'R wer Date Borrower Date BRY NT Borrower Date Borrower [Space Below This Line For Acknowledgment] State of TEXAS § County of WALKER Date Before me, a Notary Public, on this day personally appeared LEE ROY BRYANT known to me (or proved to me on the oath of or through [description of identity card or other document] to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my ha (Seal) of office this /3 d My Commission Expires: PREPARED BY: JOHN HAY HAY DARBY PLLC, ATTORNEYS AT LAW 402 WEST 7TH STREET AUSTIN, TEXAS 78701 LOAN NO.: 77099991269c TDHCANSPDOTHBA Fortn - TDHCAD3 -6649 (Ver. 10 -2013) AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711 -3941 Return Record Attention: Jonie1 crim Page 9 of 9 ORIGINAL 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 certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.196 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 -inch iron rod with cap in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the 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; 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 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 comer of said Lot 3, same being the southwesterly corner 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 to Abe Johnson by deed and recorded in Volume 96, Page 192 of said 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 = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780.255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11 -249 -027 BORROWER'S ACCEPTANCE OF PROPERTY PROPERTY ADDRESS: HUNTSVILLE, WALKER County, TEXAS 77320 -4835 0 HOLD HARMLESS AGREEMENT I hereby certify that I have received a copy of the following Inspection Report(s) on the property located at 119 AVENUE D; HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Property Address to 2 \ k Water System / A Code Compliance Foundation/Settlement Heating/Air Conditioning / e 0 2 Conducive Conditions 0 0�\ƒai a§ `"'-'4 § • e ƒ 8.7 2 ƒ '§ u t •- d § ° c - » 2 2 �d 2 / / ( / § .d _ § 0 ° \ 0 /Rk G 2 & ® k0 °° $$� oo/ d 0 §/ ?.4l� o/0 a 2 4, a> » o # _ _ /�2∎ » .2 % / ƒ \ 6' e o 0 .0 0 8 e0e/ 2$$% \ \. // % "0 .« m § • / ) $ o • o (m \ / 3 8 § o ) a § \/ ƒ /6 tic o 0. m .§ o o 8 \ ? ° E \ § / 52 2 '§ 3 \\ § 2 ( / \ r § % ƒ a g E 2 0 '§ \ 0 o 0 \cl \$\ / •1\ \ ©•k d / § AMORTIZATION SCHEDULE Lee Roy Bryant BORROWER: 77099991269c LOAN NUMBER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 0 z W J 0 0 Lri n In LOAN AMOUNT: 0 0 0 0 0 0 0 0 0 0 o Ln o Lri V LO M r-I V} c l0 N 00 Ol f0 M N ri m O O O O O 0 0 0 0 0 a. Ln Ln Lri Lri Lri e1 a-1 r-I r-I r-I V Ol O Ol Ol Ol c t/. t/1 t/) in. v1 L a 0 0 0 0 0 0 o O Ln Lri Lri LA r-1 e-1 ri a- I al rn rn rn END OF AMORTIZATION SCHEDULE UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) B. E -MAIL CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) n Texas Department of Housing and Community Affairs P. 0 Box 13941 Austin, Texas 78711 -3941 WALKER CCt Tr IF � TI F COMPANY 1109 UNIVERSITY AVENUE HUNTSVILLE TEXAS 77340 GF# ,79(f2/5-7/- THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1a. INITIAL FINANCING STATEMENT FILE NUMBER Rec. 06/27/2012 Doc. No. 00004671, OPR Walker Cty 1 b.© This FINANCING STATEMENT AMENDMENT is to be filed [for record] (or recorded) in the REAL ESTATE RECORDS Filer. a=8 Amendment Addendum (Form UCC3Ad) and provide Debtor's name in item 13 2. ❑ TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to the security interest(s) of Secured Party authorizing this Termination Statement 3. ❑ ASSIGNMENT (full or partial): Provide name of Assignee in item 7a or 7b, and address of Assignee In item 7c and name of Assignor In item 9 For partial assignment, complete items 7 and 9 and also indicate affected collateral in Item 8 4. ❑ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to the security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law 5. ❑ PARTY INFORMATION CHANGE: Check one of these two boxes: AND Check one of these three boxes to: CHANGE name and /or address: Complete ,--, name: Complete item This Change affects ❑ Debtor or ❑ Secured Party of record Li item 6a or 6b: an item 7a or 7b and item 7c 7a or 7b, and item 7c 6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only one name (6a or 6b) OR DELETE name: Give record name to be deleted in item 6a or 6b 6a. ORGANIZATION'S NAME 6b. INDIVIDUALS SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only age name (7a or 7b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name) OR 7a. ORGANIZATION'S NAME 7b, INDIVIDUAL'S SURNAME INDIVIDUAL'S FIRST PERSONAL NAME INDIVIDUAL'S ADDITIONAL NAMES) / INITIAL(S) SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. VI COLLATERAL CHANGE: Also check one of these four boxes: ❑ ADD collateral © DELETE collateral ❑ RESTATE covered collateral ❑ ASSIGN collateral Indicate collateral: BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT 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 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b) (name of Assignor, If this Is an Assignment) if this is an Amendment authorized by a DEBTOR, check here n and provide name of authorizing Debtor 9a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS OR 9b. INDIVIDUALS SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 10. OPTIONAL FILER REFERENCE DATA: NSP #770999991266: City of Huntsville, a political subdivision of the State of Texas International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (Form UCC3) (Rev. 04/20/11) UCC FINANCING STATEMENT AMENDMENT ADDENDUM FOLLOW INSTRUCTIONS 11. INITIAL FINANCING STATEMENT FILE NUMBER: Same as item la on Amendment form Doc. No. 00004671. 12. NAME OF PARTY AUTHORIZING THIS AMENDMENT: Same as item 9 on Amendment form OR 12a. ORGANIZATIONS NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 12b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 13. Name of DEBTOR on related financing statement (Name of a current Debtor of record required for indexing purposes only in some filing offices - see Instruction item 13): Provide only Qpg Debtor name (13a or 13b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); see Instructions if name does not fit OR 13a. ORGANIZATION'S NAME CITY OF HUNTSVILLE 13b, INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 14. ADDITIONAL SPACE FOR ITEM 8 (Collateral): 15. This FINANCING STATEMENT AMENDMENT: covers timber to be cut covers as- extracted collateral Is filed as a fixture filing 16. Name and address of a RECORD OWNER of real estate described in item 17 (if Debtor does not have a record interest): 17. Description of real estate: BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT 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. 18. MISCELLANEOUS: International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT ADDENDUM (Form UCC3Ad) (Rev. 04/20/11) 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 Vain- 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' 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; 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 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, n 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 pact 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 corner 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 to Abe Johnson by deed and recorded in Volume 96, Page 192 of sytid 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 ncre of land, Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780.255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field ;(Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281- 681 -9766 Job No. 11-249-027 EXHIBIT "A" PAGE J OF L. UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) B. E -MAIL CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) Texas Department of Housing and Community Affairs P. 0 Box 13941 Austin, Texas 78711 -3941 THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY la. INITIAL FINANCING STATEMENT FILE NUMBER Rec. 07/10/2012 Doc. No. 12- 0022037663 1 b.EThis FINANCING STATEMENT AMENDMENT is to be filed (for record) (or recorded) in the REAL ESTATE RECORDS Filer. Mkt Amendment Addendum (Form UCC3Ad) and provide Debtor's name in item 13 2. ❑ TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to the security interest(s) of Secured Party authorizing this Termination Statement 3. O ASSIGNMENT (full or partial): Provide name of Assignee in item 7a or 7b, and address of Assignee In item 7c and name of Assignor in item 9 For partial assignment, complete items 7 and 9 and also indicate affected collateral in item 8 4. ❑ CONTINUATION: Effectiveness of the Financing Statement Identified above with respect to the security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law 5. Q PARTY INFORMATION CHANGE: Check one of these two boxes: AND Check gng of these three boxes to: CHANGE name and /or address: Complete ADD name: Complete item This Change affects 0 Debtor gr ❑ Secured Party of record Li item 6a or 6b; and item 7a or 7b ; item 7c Li 78 or 7b, and item 7c 6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only nn name (6a or 6b) OR DELETE name: Give record name to be deleted in item 6a or 6b 6a. ORGANIZATION'S NAME 6b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only gag name (7a or 7b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name) OR 7a. ORGANIZATION'S NAME 7b. INDIVIDUAL'S SURNAME INDIVIDUALS FIRST PERSONAL NAME INDIVIDUALS ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. COLLATERAL CHANGE: Alan check one of these four boxes: ❑ ADD collateral Indicate collateral: DELETE collateral RESTATE covered collateral El ASSIGN collateral BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT 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 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b) (name of Assignor, if this is an Assignment) If this is an Amendment authorized by a DEBTOR, check here D and provide name of authorizing Debtor 9a. ORGANIZATIONS NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS OR 9b. INDIVIDUALS SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 10. OPTIONAL FILER REFERENCE DATA: NSP #770999991266: City of Huntsville, a political subdivision of the State of Texas International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (Form UCC3) (Rev. 04/20/11) UCC FINANCING STATEMENT AMENDMENT ADDENDUM FOLLOW INSTRUCTIONS 11. INITIAL FINANCING STATEMENT FILE NUMBER: Same as Item la on Amendment form Doc. No. 00004671 12. NAME OF PARTY AUTHORIZING THIS AMENDMENT: Same as Item 9 on Amendment form OR 12a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 12b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 13. Name of DEBTOR on related financing statement (Name of a current Debtor of record required for indexing purposes only In some filing offices • see Instruction Item 13): Provide only gm Debtor name (13a or 13b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); see Instructions If name does not lit OR 13a. ORGANIZATION'S NAME CITY OF HUNTSVILLE 13b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) / INITIAL(S) SUFFIX 14. ADDITIONAL SPACE FOR ITEM 8 (Collateral): 15. This FINANCING STATEMENT AMENDMENT: Qcovers tirnber to be cut Ej covers as- extracted collateral 11,1 Is filed as a fixture filing 16. Name and address of a RECORD OWNER of real estate described In item 17 (if Debtor does not have a record interest): 17. Description of real estate: BEING 0.196 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT 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. 18. MISCELLANEOUS: International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT ADDENDUM (Form UCC3Ad) (Rev. 04/20/11) METES AND BOUNDS DESCRIPTION of Lot 4 of Vann - Johnson Subdivision, Huntsville, Texas Being a 0396 of MI 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' 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; 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 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 are tract of land conveyed to Betty Randel by deed and recorded in Volume 94, Page 180 of said Deed Records, being the northwesterly comer of said Lot 3, same being the southwesterly corner 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 to Abe Johnson by deed and recorded in Volume 96, Page 192 of sitid 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 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, TLC 25814 Budde Road Spring, Texas . Tel. 281 - 681 -9766 Job No. 11 -249 -027 EXHIBIT "A" PAGE OF L NOTICE REGARDING FLOOD INSURANCE COVERAGE Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: JUNE 12, 2014 Loan No.: 77099991269c Borrower: LEE ROY BRYANT Property Address: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 We may assign, sell, or transfer the servicing of your mortgage loan. Your new lender /servicer may require more flood insurance coverage than the minimum amount that has been identified in your Notice of Special Flood Hazards (NSFH). The new lender /servicer may require coverage in an amount greater than the minimum, and has the right to require flood coverage at least equal to 100% of the insurable value (also known as replacement cost value) of the building(s) used as collateral to secure the loan or the maximum available under the National Flood Insurance Program (NFIP) for the particular type of building. You should review your exposure to flood damage with your insurance provider, as you may wish to increase your coverage above the minimum amount required at the time of closing your loan versus what subsequently the new lender /servicer may require. ower L ROY BRYANT 6131 Date Borrower Date Borrower Date Borrower Date Flood Insurance Notice Form - FLOODDIS -6132 (Ver. 11 -201!) ORIGINAL Form W -9 (Rev. August 2013) Department of the Treasury Interns Revenue Service Request for Taxpayer Give Form to the requestor. Identification Number and Certification I Do not send to the IRS. 0) Name (as shown on your income tax return) LEE ROY BRYANT Business name /disregarded entity name, if different from above Check appropriate box for federal tax classification: ® Individual /sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership > Other (see instructions > Exemptions (see instructions): Exempt payee code (if any) Exemptions from FATCA reporting code (if any) Address (number, street, and apt. or suite no.) 119 AVENUE D City, state, and ZIP code HUNTSVILLE, WALKER County, TEXAS 77320 -4835 List account number(s) here (optional) LOAN NO.: 77099991269c Part 1 Requester's name and address (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see how to get a TIN on Page 3. Note. If the account is in more than one name, see the chart on Page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or (c)the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment or secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign they certification, but you must provide your correct TIN. See the instructions on page 3. Sign I Signature of ,.. LEE ROY BRYANT Here U.S. person General Instructions Section references are to the Internal Revenue Code unless othe(wise noted. Future Developments. The IRS has created a page on IRS.gov for information about Form W -9, at www.irs.gov /w9. Information about any future developments affecting Form W -9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partner's share of effectively connected income. 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Social security Number Employer Identification Number /14/ Date > ( -/ Note. If you are a U.S. person and a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Definition of a U.S. Person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under then laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partner's share of effectively connected taxable income from such business. Further, in certain cases where a Form W -9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity, Form - W9A -0028 (Ver. 09-2013) SURVEY AND TITLE LETTER UWe the undersigned Borrower(s) hereby certify that I/we have received, reviewed, and approved a copy of the attached survey which is incorporated hereto by reference and have signed or initialed and dated same for identification purposes. UWe am /are aware of the indicated encroachments, protrusions, easements, limitations, access, dimensions, and/or other conditions shown on the survey. I/We further certify that the Settlement Agent has provided me /us with a copy of the Commitment for Title Insurance and that Uwe have reviewed and consent to all of the exceptions to title which would appear in an Owner's Title Policy for the Property. IN CONSIDERATION OF THE LENDER MAKING A LOAN TO BORROWER(S), I/WE HEREBY HOLD LENDER HARMLESS FROM ANY COMPLAINT ARISING AS A RESULT OF ANY MATTERS INDICATED IN THE SURVEY, THE EXCEPTIONS STATED IN THE COMMITMENT FOR TITLE INSURANCE, AND THE OWNER'S AND MORTGAGEE TITLE INSURANCE POLICIES. IN ADDITION TO BUT NOT IN LIEU OF THE ABOVE AND FOR THE CONSIDERATION RECITED ABOVE, I/WE HAVE BEEN MADE AWARE OF THE FOLLOWING SPECIFIC CONDITIONS AFFECTING THE ABOVE - DESCRIBED PROPERTY AND I/WE DO HEREBY AGREE, INDEMNIFY AND HOLD HARMLESS LENDER, ITS SUCCESSORS AND ASSIGN FROM ANY CLAIMS, COSTS, DAMAGES, CAUSES OF ACTION AND EXPENSES IN ANY WAY ARISING FROM THE FOLLOWING CONDITIONS: ENCROACHMENTS ON RECORDED EASEMENTS OR BUILDING LINES OR SETBACKS ON SURVEY CONCRETE PAD OVER THE PROPERTY LINE CONCRETE WALK OVER 25' FRONT BL, 10' SIDE AND REAR AND 10' FRONT UE EXECUTED this /3 day of BORROWER: LEE ROY BRYANT LOAN NO.: 77099991269c TDHCANSPSURVEY Form - TDHCASVY -1193 (Ver. 11 -2013) ORIGINAL Please give this letter to borrower at closing. JUNE 12, 2014 LEE ROY BRYANT 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Re: Loan Number 77099991269c Dear LEE ROY BRYANT The Texas Department of Housing and Community Affairs would like to welcome you as a new customer. Your first payment on your mortgage loan will be due JULY 01, 2015 . Please use the temporary coupon attached below when mailing your first payment. Your loan may include an escrow account, which is used to pay your taxes and insurance. Annually, we will analyze the escrow account, and your payment may be adjusted accordingly. If, for example, your property taxes increase, your payment may also increase. At the end of each year, the Department will send you an annual statement for your records. This information will also be transmitted to the Internal Revenue Service for income tax purposes. If you have any questions or concerns regarding your mortgage loan, please don't hesitate to contact us at the number listed below. We look forward to servicing your mortgage loan. Texas Department of Housing and Community Affairs If by mail: P.O. Box 13941, Austin, Texas 78711-3941 If by overnight delivery service: 221 E. 11th Street, Austin, Texas 78701 Toll Free: 800.298.4013 FAX Number: 512.472.7500 CUT HERE FOR FIRST PAYMENT COUPON Mail to: Texas Department of Housing and Community Affairs P.O. Box 13245 -C3 Austin, Texas 78711-3245 Loan Number: 77099991269c Payment Due Date: JULY 01, 2015 Borrower Name: LEE ROY BRYANT Mortgage Loan Payment: Principal & Interest: Escrow: Total Payment: TDHCANSPPAYHBA Form - TDHCAPC2 -1205 (Ver. 11 -2013) 915.00 915.00 (if not forgiven) Date: JUNE SIGNATURE /NAME AFFIDAVIT 12 , 2014 Loan Number: 77099991269c Borrower: LEE ROY BRYANT Property Address: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 THIS IS TO CERTIFY MY LEGAL SIGNATURE IS AS WRITTEN AND TYPED BELOW. (This signature must exactly match s'gnatures onjhe Agreement/Note and Mortgage or Deed of Trust.) LEE ROY BRYANT �J - (Print or Type Nam (If applicable, complete the following) I AM ALSO KNOWN AS: LEE ROY BRYANT (Print or Type Name) ature Signature (Print or Type Name) (Print or Type Name) (Print or Type Name) (Print or Type Name) (Print or Type Name) (Print or Type Name) (Print or Type Name) (Print or Type Name) STATE OF TT COUNTY OF ��'` On 3,20/4/ perso ally appeared LEE ROY BRYANT before me, Signature Signature Signature Signature Signature Signature Signature Signature JSS v ;- l A02,aJ) l WQh. c / (Notary Nade and Title) personally known to me (or proved to me on the basis of satisfactory ev instrument and acknowledged to me that he /skew executed the sa signature(s) on the instrument the person(s), or the entity upon behalf o WITNE . my h and o 104 to be the person(s) whose name(s) is /are subscribed to the within ed capacity(ies), and that by his /I tltheir Signature Signature /Na Fonn - CWSIGAFI -1085 (Ver. 03 -2009) ORIGINAL instrument. (Notarial Seal) TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Texas Neighborhood Stabilization Program (NSP) (Homebuyer Assistance) DUE ON SALE /AFFORDABILITY PROVISION On this date the undersigned Borrower has executed a NSP Subordinate Deed of Trust ( "Deed of Trust ") on the following property to secure a NSP Deferred Forgivable Subordinate Lien Note (HBA) ( "Note ") in the amount of $ 4,575.00 of even date to the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ( "Lender "), to -wit: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Whereas, said Deed of Trust and Note contain federal HOME Program due on sale clauses and affordability requirement provisions under 24 CFR Section 92.254 associated with and as adopted by the Texas NSP Homebuyer Assistance Program loan. I /We, the undersigned Borrower, hereby acknowledge(s) the following: "The due on sale provisions and the affordability requirements contained therein have been explained to me /us and I /we fully understand these provisions. I/we further understand that the loan is being made to me /us based upon my /our assurance that I /we will live in the house on the Property, as my /our principal place of residence for a period of Five (5) years and repay the loan to the Lender according to the terms of the Note and Deed of Trust and that if I /we should sell or move from the Property prior to the end of Five (5) year period, the balance of the Note, including interest (if applicable), will become immediately due and payable to Lender. I /We further acknowledge that the resale and recapture calculation examples have been explained to me /us and that I /we understand the calculations and the circumstances under which the due on sale will be triggered. I /We also acknowledge that, Uwe understand that it is my /our responsibility to recertify to th ..��der that I /we am/are still residing in the house on the Property as my /our principal residence." EXECUTED this /3 day of BORROWER: ower L E ROY B ANT Date Borrower Borrower Date Date Borrower Date LOAN NO.: 77099991269c TDHCANSPDUEONSALEHBA Form - TDHCADUE -1210 (Ver. 09 -2019) ORIGINAL TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TEXAS NEIGHBORHOOD STABILIZATION PROGRAM TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN SERVICING DEPARTMENT INITIAL LOAN CONTACT INFORMATION LOAN NUMBER: 77099991269c BORROWER NAME: LEE ROY BRYANT PROPERTY ADDRESS: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 MAILING ADDRESS: r, 0. D IC /351,1 /-&(,I)45 ' �(t "r¶L 773glc9--/,S'I HOME PHONE: 3 4 _ �cj �, 15 IS WORK PHONE: q3 - y3SI g 0'0 CELL PHONE: NEAREST RELATIVE (not living with you) CONTACT NAME AND PHONE NUMBER: dJiNa-/1%I- 34-r 93 4, Ibr730.4M TDHCANSPINITIALLNCONTACTINFO Fonn - TDHCAINF -5083 (Ver. 09 -2013) JUNE 12, 2014 VIA OVERNIGHT DELIVERY JUDY THORTON WALKER COUNTY TITLE 1109 UNIVERSITY AVENUE HUNTSVILLE, TX 77340 Re: NSP Homebuyer Assistance Loan in the amount of $ 4,575.00 from Texas Department of Housing and Community Affairs ( "TDHCA ") to LEE ROY BRYANT ( "Loan ") under the Neighborhood Stabilization Program ( "NSP ") Dear ( "Borrower ") JUDY THORTON , as agent for WALKER COUNTY TITLE ( "Title Company "), issued a Commitment of Title Insurance ( "Commitment "), bearing G.F. No. 2013111222 effective on JUNE 12, 2014 , issued in connection with and is the subject of the above referenced Loan involving real property ( "Property"). The following documents are enclosed: 1. NSP Deferred Forgivable Subordinate Lien Note (HBA) in the amount of $ 2. NSP Subordinate Deed of Trust ( "Deed of Trust "); 3. Warranty Deed with Vendors Lien; 4. Truth in Lending Disclosure Statement ( "Disclosure "); 5. Request for Taxpayer Identification Number and Certification "W -9 "; 6. Survey; 7. Survey and Title Letter; 8. Notice of Invalidity of Oral Agreements ( "Notice "); 9. Deletion of Arbitration; 10. Document Correction Agreement; 11. TDHCA Welcome Letter and First Payment Coupon; 12. Signature/Name Affidavit; 13. Due on Sale /Affordability Disclosure 14. Initial Loan Contact Information; 15. Affidavit of Occupancy; 16. Texas Mortgage Fraud Notice; 17. Release of Lien (executed) (If Applicable); 18. Full Release of Land Use Restrictive Agreement(LURA) OR Partial Release of Land Use Restrictive Agreement ( "LURA ") (If applicable). LOAN NO.: 77099991269c 4,575.00 ( "Note "); TDHCANSPCLOSELTRHBA Fonn - TDHCAC3 -5086 (Ver. 11 -2013) Page 1 of 4 ORIGINAL 19. UCC -3 Amendment to be filed in the UCC County or Real Estate Records (If Applicable); and 20. UCC -3 Amendment to be filed with the Texas Secretary of State (If Applicable). 21. Attorney Representation and Fee Letter 22. Collateral Insurance Protection Letter 23. Notice Regarding Flood Insurance Coverage 24. Disclosure to Seller (if applicable) 25. Hazard Insurance Authorization and Requirements 26. Flood Insurance Authorization 27. Mineral Rights Acknowledgment and Agreement 28. Servicing Disclosure Statement 29. Borrower Certification and Authorization 30. Borrower(s) Acceptance of Property (if applicable) Items No. 1 through 30 inclusive, together with the Settlement Statement, are hereinafter collectively referred to as the "Closing Documents ". Also enclosed for your use are an executed Release of Lien and UCC -3 Amendments (2), if applicable to release the Property from the lien created by a prior security instrument filed by Lender against the Property. You are hereby authorized and instructed to: A. Prior to Closing, email the proposed HUD I Settlement Statement to Joniel crim at joniel.crimna,tdhca.state.tx.us and contact her by phone at (512) 475 -3865 to obtain oral verification to proceed with the closing. B. Ensure that Borrower has obtained property and casualty (hazard) insurance in the amount of the Loan showing TDHCA as loss payee. C. Ensure that Borrower provides evidence of completion of 8 hours of homebuyer counseling from a HUD - approved housing counseling agency before executing the Closing Documents. D. Ensure that Borrower brings a payment in an amount not less than $500.00 as down payment for the loan. E. Ensure that all Closing Documents are; (i) properly dated as of the date of closing, (ii) fully executed and acknowledged where applicable, (iii) all blanks are completed, and (iv) all exhibits are attached appropriately. F. Ensure that a vendor's lien is retained in the Warranty Deed in favor of TDHCA; G. The first lien loan amount is subject to 2% limitation on fees. H. Immediately following execution of the Closing Documents, please scan and email to Joniel crim at joniel.crimAtdhca.state.tx.us all Closing Documents and any other documents signed by the Borrower at closing. After receiving email confirmation that all scanned Closing Documents were received, overnight the original Note and the insurance policy to (512) 475 -3865 at the address listed above. • Schedule A must reflect all TDHCA security documents. LOAN NO.: 77099991269c TDHCANSPCLOSELTRHBA Fonn - TDHCAC3 -5086 (Ver. 11 -2013) Page 2 of 4 ORIGINAL • Schedule A should reflect proposed insured and proposed borrower under their full legal name(s): LEE ROY BRYANT • Schedule B item 2 must be modified to read "shortages in area ". • Schedule B Item No. 5 must read "Standby fees, taxes and assessments by any taxing authority for the year 2014 and subsequent years. Company insures that standby fees, taxes and assessments by any taxing authority for the year 2014 are not yet due and payable." • Schedule B Item No. 8 must be deleted. • Schedule C ALL Schedule C items must be satisfied, including any and all liens, so that such items are not exceptions on the Policy. • Additional Closing Conditions: Please see additional closing conditions following these instructions. I. Immediately following execution of the Closing Documents, please forward to the undersigned at the above address: The originals of the Note, Invalidity Notice, Insurance policy, Certified copies of all other Closing Documents and, Any other documents signed by the Borrower at closing. J. When the Closing Documents have been approved, the initial disbursement in the amount shown on the settlement statement will be wire - transferred to Title Company's account and you will be authorized and directed to disburse the initial disbursement in accordance with the settlement statement previously approved by TDHCA. K. No additions and /or corrections are to be made to the Closing Documents without prior approval of the undersigned. Ensure that Borrower receives copies of all executed Closing Documents and an Application for Residential Homestead Tax Exemption; At such time as all of the Closing Documents have been fully executed, dated and acknowledged, as appropriate, and all blanks have been completed, you are authorized and instructed to comply with the following instructions: 1. If applicable, file the Release of Lien and the Full OR Partial Release of LURA and the County UCC -3 Amendment in the Official Public Records of Real Property of WALKER County, Texas. 2. Next, file the State UCC -3 Amendment with the Office of the Secretary of State. 3. Lastly, file the Warranty Deed and then the Deed of Trust in the Official Public Records of Real Property of WALKER County, Texas. 4. Within ninety (90) days after disbursement, deliver the original recorded Deed of Trust and the policy along with copies of the Warranty Deed with Vendor's Lien, recorded Release of Lien, recorded Release of LURA, and recorded UCC -2 Amendment(s) to the undersigned as applicable. 5. If the title company receives the original recorded Warranty Deed, please deliver it to the Borrower. If the title company receives the original recorded release of lien, please deliver it to the Borrower. 6. If the title company receives the original recorded Release of Lien, please deliver it to the Seller. Prior to Closing, please sign and return to the undersigned one copy of this letter acknowledging your agreement to comply with the foregoing instructions (for your convenience, a faxed copy to will be sufficient). You are not authorized to proceed with the closing until you have complied with the foregoing. LOAN NO.: 77099991269c TDHCANSPCLOSELTRHBA Form - TDHCAC3-5086 (Ver. 11 -2013) Page 3 of 4 ORIGINAL If you have any questions or desire any clarification of these instructions, please call Joniel crim at (512) 475 -3865 If you have any legal questions regarding the Closing Documents, please call me at (512) 475 -3865 Enclosures Sincerely, Joniel crim JUDY THAI Ois;-. r % /2/117-04) , v' " , as agent for WALKER COUNTY TITLE hereby acknowledges receipt of the above - listed documents and its agreement to comply with the terms of these instructions, except as limited by applicable laws and regulations, including Procedure Rule P -35 of the Texas Department of Insurance. JUDY THORTON , as agent for WALKER COUNTY TITLE Date: LOAN NO.: 77099991269c TDHCANSPCLOSELTRHBA Funn - TDHCAC3.5086 (Ver. 11.2013) Page 4 of 4 ORIGINAL Affidavit of Occupancy Borrower hereby certifies and acknowledges that home being purchased under the Texas Neighborhood Stabilization Program is same property described in Appraisal Report (appraisals must conform to the Uniform Relocation Act ( "URA ") requirements under 49 CFR 24.103) for 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 dated JUNE 12, 2014 . The Borrower(s) hereby certifies and acknowledges that the above reference property will be their primary residence and will be occupied within 30 days of closing the mortgage loan. wer LE ROY BR ANT h-a3l Date Borrower Borrower Date Date Borrower Date ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF WALKER Before me, this instrument was signed and acknowledged on LEE ROY BRYANT /3 , a/- by (t'it-^- (- State of exas 77/1/ 22 1) My Commission Expires: (SEAL) LOAN NO.: 77099991269c TDHCANSPOCCUPAN Form - TDHCAOCC -1989 (Ver. 09-2013) ORIGINAL [Typed / Printed Name] TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): LEE ROY BRYANT Property Address: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Loan Number: 77099991269c NOTICE OF PENALTIES FOR MAKING FALSE OR MISLEADING WRITTEN STATEMENT Warning: Intentionally or knowingly making a materially false or misleading written statement to obtain property or credit, including a mortgage loan, is a violation of Section 32.32, Texas Penal Code, and, depending on the amount of the loan or value of the property, is punishable by imprisonment for a term of 2 years to 99 years and a fine not to exceed $10,000. I /We, the undersigned home loan applicant(s), represent that I /we have received, read, and understand this notice of penalties for making a materially false or misleading written statement to obtain a home loan. I /We represent that all statements and representations contained in my /our written home loan application, including statements or representations regarding my /our identity, employment, annual income, and intent to occupy the residential real property secured by the home loan, are true and correct as of the date of loan closing. I /We hereby acknowledge that at the closing of the loan that I /we received, read, and executed this written Notice. ower L E ROY BRYANT STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on LEE ROY BRYANT My commission expires: 25-- , Public, tate of TEXAS (Seal) Penalty Disclosure Form - TXFRAUD1-4701 (Ver. 011 -2012) ORIGINAL ry's /try 7-104_,4)723/ ped or Printed Name TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): LEE ROY BRYANT Property Address: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Loan Number: 77099991269c NOTICE OF PENALTIES FOR MAKING FALSE OR MISLEADING WRITTEN STATEMENT Warning: Intentionally or knowingly making a materially false or misleading written statement to obtain property or credit, including a mortgage loan, is a violation of Section 32.32, Texas Penal Code, and, depending on the amount of the loan or value of the property, is punishable by imprisonment for a term of 2 years to 99 years and a fine not to exceed $10,000. I /We, the undersigned home loan applicant(s), represent that I /we have received, read, and understand this notice of penalties for making a materially false or misleading written statement to obtain a home loan. I /We represent that all statements and representations contained in my /our written home loan application, including statements or representations regarding my /our identity, employment, annual income, and intent to occupy the residential real property secured by the home loan, are true and correct as of the date of loan closing. I /We hereby acknowledge that at the closing of the loan that I /we received, read, and executed this written Notice. J ower ROY BRYANT STATE OF TEXAS COUNTY OF WALKER This instrument w acknowledged before me on LEE ROY BRYANT 2'/i'" ,by My commi ion 11P- , State of TEXAS =til� /1;01.1�� Notary's T or Printed Name (Seal) Penalty Disclosure Form - TXFRAUDI -4701 (Ver. 011 -2012) ORIGINAL Debtor: LEE ROY BRYANT Collateral: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Loan No: 77099991269c COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) This Notice is being provided to the Debtor pursuant to Chapter 307 of the Texas Finance Code. All terms used in this Notice that are defined in Chapter 307 shall have the same meaning in this Notice. The Debtor has entered into a credit transaction with the Creditor for which a credit agreement exists. The credit agreement requires the Debtor to maintain insurance on the Collateral. Debtor is hereby notified that: (A) the Debtor is required to: (i) keep the Collateral insured against damage in the amount equal to the Debtor's indebtedness to the Creditor; (ii) purchase the insurance from an insurer that is authorized to do business in this state or an eligible surplus lines insurer; and (iii) name the Creditor as the person to be paid under the policy in the event of a loss; (B) the Debtor must, if required by the Creditor, deliver to the Creditor a copy of the policy and proof of the payment of premiums; and (C) if the Debtor fails to meet any requirement listed in Paragraph (A) or (B), the Creditor may obtain collateral protection insurance on behalf of the Debtor at the Debtor's expense. Debtor hereby acknowledges receipt of this Notice at the time Debtor executed the credit agreement with Creditor. LEE ROY BR ANT - Borrower - Borrower - Borrower - Borrower COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) Form - TXCOLLAT -0378 (Ver. 11 -2012) ORIGINAL The State of TEXAS SURVEY AFFIDAVIT The County of WALKER Before me, the undersigned authority, on this day appeared LEE ROY BRYANT who upon his/her /their oath(s) deposed and said: My /Our full name(s) is /are LEE ROY BRYANT and Uwe warrant that no "structural" changes have been made to subject property located at: 119 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 -4835 since 11 -12 -12 , the effective date of the previous survey. "Structural" changes include: 1. Improvements to the property; 2. Alterations of the boundaries of the property; and 3. Any other changes to the property which would be reflected by a current accurate survey. CONCRETE PAD OVER THE PROPERTY LINE CONCRETE WALK OVER 25' FRONT BL, 10' SIDE AND REAR AND 10' FRONT UE ower L ' ROY BRYANT Borrower Borrower Borrower SUBSCRIBED AND SWORN TO before me on JUNE 12, 2014 , by LEE ROY BRYANT (Seal) 77099991269e JUDY ANN rHOANTON MY COMMi.SSION EXPIRES August 14, 2014 Survey Affidavit Form - SURVEYAF • 0083 (Ver. 1 -2009) ORIGINAL iy ' blic, St Notary typed or printed nab My commission expires: /d -4.4"