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image19777File No.: 201306627 RECEIPT OF COPIES The undersigned parties acknowledge that they have received copies of all the documents signed at the closing. Due to space restrictions and the cost of storage, Walker County Title Company will not retain copies of all the documents the undersigned is receiving today. It is the sole responsibility of the undersigned and is not the responsibility of Walker County Title Company to maintain the records delivered today. In the event the undersigned needs copies of the documents in the future, they must be obtained from third parties, such as a lender or other provider involved in this transaction. SELLER SELLER BUYER BUYER ATTENTION LENDERS Walker County Title Company does not retain copies of lender documents. Texas Neighborhood Stabilization Program (NSP) (Purchase Money) Promissory Note ( "Note ") Date: JANUARY 09, 2014 Borrower: KAREN JACKSON Borrower's Mailing Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Lender's Address (including County): 221 East 11th St., Austin, Travis County, Texas 78701 P.O. Box 13941, Austin, Travis County, Texas 78711 -3941 Place for Payment: TDHCA Loan Servicing 332 -05 P.O. Box 13245 Austin, Travis County, Texas 78711 -3245 Principal Amount: SIXTY THREE THOUSAND THREE HUNDRED THREE AND 00 /100 ($ dollars 63,303.00 ) Annual Interest Rate: Zero percent (0 %) per annum Maturity Date: FEBRUARY 01, 2044 Annual Interest Rate on Matured, Unpaid Amounts: Ten percent (10 %) per annum Terins of Payment (principal and interest): Principal shall be due and payable in monthly installments of ONE HUNDRED SEVENTY FIVE AND 84 /100 dollars ($ 175.84 ) each, payable on the first day of each and every calendar month, beginning MARCH 01, 2014 and continuing regularly thereafter until FEBRUARY 01, 2044 ( "maturity "), on which last mentioned date the entire unpaid balance of principal then owing shall become immediately due and payable. Any default under the NSP Purchase Money Deed of Trust securing this Note shall be deemed to be a default under this Note. If any part of the collateral securing this Note is transferred or conveyed without Lender's prior, written consent, or if Borrower ceases to occupy the mortgaged property as his or her principal residence, any unpaid or un- forgiven balance of this Note is immediately due and payable and Lender may invoke any remedies provided under the NSP Purchase Money Deed of Trust securing this Note. If the collateral is residential real property containing fewer than live 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; (1) transfer to a relative of owner or on owner's death; and (g) transfer to an inter vivos trust in which owner is and remains a beneficiary and occupant of the property. This restriction on the transfer of Property will automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure, or if the mortgage is assigned to the Secretary of the U.S. Department of Housing and Urban Development in accordance with 24 C.F.R. § 203.41. LOAN NO.: 77099912610b TDHCANSPNOTEPMF Initials Form - TDHCANI -6585 (Ver. 09 -20)3) Page 1 of 4 ORIGINAL K Upon the sale of the mortgaged property, any unpaid balance of the Note shall be due and payable in full from the available Net Proceeds from the sale of the mortgaged property pursuant to 24 CFR§ 92.254. Net Proceeds of a sale are the sales price of Property minus the closing costs, any superior lien loan repayment and any other necessary transaction costs. If the Net Proceeds are insufficient to repay the outstanding balance of the Note in in full and Borrower's investment (which includes any portion of initial down payment paid by Borrower combined with the value of any capital improvements made with Borrower's funds), the Borrower's investment is paid in full first from the available proceeds from the re -sale and the Note is repaid to the extent that proceeds are available, but only in the event the mortgaged property was sold for an amount not less than the current appraised value as then appraised by the appropriate governmental authority without the consent of Lender. If there are no Net Proceeds and the mortgage property was sold for an amount not less than the current appraised value as then appraised by the governmental authority, repayment of the Note is not required. Security for Payment: This Note is secured by a vendor's lien retained in a deed by CITY OF HUNTSVILLE to Borrower, dated of even date herewith and additionally secured by a NSP Purchase Money Deed of Trust of even date herewith from Maker to Timothy K. Irvine of Travis County, Texas Trustee, which covers the following described property to -wit: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which has a street address of 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Borrower promises to pay to the order of Lender the Principal Amount plus interest, if applicable. This Note is payable at the Place for Payment and according to the Tenns of Payment. All unpaid amounts are due by the Maturity Date. After Maturity Date, Borrower promises to pay any unpaid principal balance plus interest at the Annual Interest Rate on Matured, Unpaid Amounts, if applicable. If any payment required under this Note is not paid within 15 days after it becomes due and payable, then Borrower shall pay to Lender, subject to the provisions of this Note limiting the amount of interest, the payment of a late charge ( "Late Charge ") to compensate Lender for the loss of use of funds and for the administrative expenses and costs of handling such delinquent payment equal to a one -time charge of five percent (5 %) of the amount of such payment that was not timely paid or Seven and 50 /100 Dollars ($7.50), whichever is greater (but such Late Charge together with all interest payable hereon shall not exceed the maximum lawful rate under Applicable Law). Lender is not obligated to accept any past due payment that is not accompanied by a Late Charge, but may accept such payment without waiving its rights to collect the Late Charge. In no event shall a Late Charge be payable by reason of the acceleration of the indebtedness evidence by this Note; therefore, a Late Charge would only be due and payable with respect to payments under this Note which became delinquent prior to the acceleration of the indebtedness evidenced hereby. LOAN NO.: 770999126101) TDHCANSPNOTEPMF Form - TDHCANI -6589 (Ver. 09 -20)3) Page 2 of 4 ORIGINAL Initials K In the event of default in the payment of any part of the Principal Amount or interest on this Note and Borrower's failure to cure the default within thirty (30) days after Lender's delivery of written notice of default to Borrower, or in the event of default in the performance of any agreement contained in the Loan Agreement or any document securing the payment of this Note or otherwise executed in connection herewith, and Borrower's failure to cure the default within thirty (30) days after Lender's delivery of written notice of the default to Borrower, then the holder of this Note shall have the unconditional right, without demand, notice, or other action, to declare the unpaid and un- forgiven principal balance of this Note at once due and payable and to foreclose each lien and security interest securing the payment of this Note, if applicable, either under any power of sale contained in any documents creating such lien or security interest or by court proceedings, as the holder may elect. Notice shall be deemed to have been delivered upon actual receipt or upon deposit, if deposited in an official depository of the United States Postal Service, properly addressed to the party entitled to the notice, marked certified mail, return receipt requested, and containing sufficient postage. For the purpose of notice, Borrower's address is 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Borrower shall have the right to change its address and specify any other address within the United States of America by at least ten (10) days' written notice to Lender. If this Note is placed in the hands of an attorney for collection or is collected by legal proceedings of any kind, Borrower agrees to pay all costs of collection, including reasonable attorneys' fee and costs. Notwithstanding anything to the contrary contained herein, if Borrower's first mortgage is an FHA- insured mortgage, the Borrower is not liable for Lender's costs and expenses, including attorney fees, if the event of default results solely from Borrower's violation of the owner- occupancy restriction. All agreements and transactions between Borrower and Lender, whether now existing or hereafter arising, whether contained herein or in any other instrument, and whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of the Maturity Date hereof, prepayment, demand for payment or otherwise, shall the amount contracted for, charged or received by Lender from Borrower for the use, forbearance, or detention of the Principal Amount indebtedness or interest hereof, which remains unpaid from time to time, exceed the maximum amount permissible under Applicable Law, it particularly being the intention of the parties hereto to conform strictly to the law of the State of Texas and of the United States of America, whichever is applicable. Any interest payable hereunder or under any other instrument relating to the loan evidenced hereby that is in excess of the legal maximum under Applicable Law, shall, in the event of acceleration of Maturity Date, prepayment, demand for payment or otherwise, be automatically, as of the date of such acceleration, prepayment, demand or otherwise, applied to a reduction of the Principal Amount indebtedness hereof and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of such Principal Amount, such excess shall be refunded to Borrower. To the extent permitted by Applicable Law, determination of the legal maximum amount of interest shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of the loan, all interest at any time contracted for, charged or received from Borrower in connection with the loan, so that the actual rate of interest on account of such indebtedness is uniform throughout the term thereof. Borrower shall pay a charge of $25.00 for any check returned for any reason. Except as provided in this Note, Borrower and each endorser and guarantor of this Note jointly and severally waive grace, presentment for payment, notice of renewals and extensions, notice of nonpayment, notice of protest, notice of and demand for payment of installments or other amounts conning due under this Note that are not paid when due, notice of intent or election to accelerate Maturity Date or the actual acceleration of Maturity Date of the indebtedness evidenced by this Note, and diligence in the collection of this Note, in filing suit on this Note and in seizing or foreclosing on any collateral securing this Note, if applicable, or and agree to one or more extensions of Maturity Date and partial payments before or after Maturity Date without prejudice to rights of the holder of this Note. LOAN NO.: 77099912610b TDHCANSPNOTEPMF Form - TDHCANI -6585 (Ver. 09 -2013) Page 3 of 4 ORIGINAL Initials K �.J All obligations of this Note are the joint and several obligations of each signer. This Note shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America from time to time in effect. The term "Applicable Law" as used herein means (1) the law pertaining to maximum rates of interest that is now in effect and (2) any law that comes into effect at any time in the future allowing a higher maximum interest rate than the law now in effect. When the context requires, singular nouns and pronouns include the plural. THIS WRITTEN AGREEMENT AND THE OTHER WRITTEN AGREEMENTS, INCLUDING TIIE COLLATERAL AGREEMENTS, SIGNED CONTEMPORANEOUSLY WITH THE SIGNING HEREOF REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. BORROWER: Borrower KAREN JACKSON (./(Y)n^- I1 - -JLJ Date Borrower Date Borrower Date Borrower Date Mortgage Loan Orignator's Organization: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN NO.: 77099912610b TDHCANSPNOTEPMF Form - TDHCANI -6585 (Ver. 09 -2013) Page 4 of 4 ORIGINAL METES AND BOUNDS DESCRLhTION of Lot 3 of Vann-Johnson Subdivisioin� Huntsville, Texas Being a 0,196 of an acre (8,559 sgi]are feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas; and being all of Lot 3 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.) satne 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 point in the westerly line of that. certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the northeasterly corner of Lot 2 of' said Vann- Johnson Subdivision, same being the southeasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract, from which a found 5/8- inoh iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 87 °24'13" West, a distance of 150.16 feet, along the northerly line of said Lot 2, being the southerly line of said Lbt 3 to a found 5/8 -inch iron rod with cap .inithe 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 �:tecords, being the northwesterly corner of said Lot 2, same being the southwesterly Lot 3, and being in the westerly line of said 1.17 acre tract;, • THENCE, North 02°35'47" West, •at distance of 57.00 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 3 and said 1.17 acre tract to a found. 5/8 -inch iron rod with cap at the southwesterly corner of Lot 4 of said Vann - Johnson Subdivision, being the northwesterly corner of said Lot 3; THENCE, North 87 °24'13" East, a distanceeof 150.16 feet, along the southerly line of said Lot 4, being the northerly line of saki Lot 3 to a found 5/8 -inch iron rod with cap in the westerly line of said 50' Road, being the southeasterly corner of said Lot 4, same being the northeasterly cooler of said Lot 3, and being in the easterly line of said 1.17 acre tract;• THENCE, South 02 °35'47" East, t distance of 57.00 feet, along the westerlyline of said 50' Road, being the easterly line of. said Lot 3 and s'tid 1.17 acre tract to the Point of Beginning and containing 0.196 of an acre of land. Horizontal Control is based on holding City of Huntsville , Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & Bast = 3,801,780.255). Bearings described are related to the Texas Coordinate System of 1983, Central' Zone. Distakes shown are US Survey Feet in "Field ITorizontal" 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: GcoSolutions, LLC. 25814 Btulde Roati Spring, Tents Tel. 281 -681 -9766 Job No. 11 -249 -027 T±7 LEGEND WATER WELL FOUND MONUMENTTION (TYPE NOTED) 0 METER BOX —P— POWER LINES —7/— FENCE 1/1 EDGE OF ASPHALT cb CLE41 OUT ¢- FIRE :HYDRANT 0 WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFIdIAL PUBLIC RECORDS WALKER COUNTY, TEXAS PLAT! RECORDS WALKER COUNTY, TEXAS D.R.W.C.T, 0.P.R.W.C.T. P.R.W.C.T. LOT 4 10' B.L PER PLAT N87 24'13"E 150.16' 10' 6:L. PER' PLAT 0 15 30 SCALE: 1" = 30' 1 I 0.196 ACRES RI (8,559 SQ. FT.) LOT 3 sl tit L SET.5 /3 "1. R. W "GS "CAP of 1tI 0I AI 10' B.L. PERiPLAT N 60 /c /SERVICE L07 LINE �pOLE 1. 3X6" FND.5 /8"1.1 —STEPS W /CAP c(-c> a. al; J 31.5 - 4 1 —STORY BRICK BUILDING 49.0' S87'24'13 "W 1,.0.16' 10' H.L. PER PLAT LOT 2 VANN- JOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that this survey was made . on the ground and completed on November 9, 2012 that this drawing correctly represents the foots found) of the time of survey and that this professional ;service substantially conforms to the current Texas Society of Professional Surveyors Standards and Specifications for o Cotegory 19. Condition II Survey. St eh" M. Chrusz .ok R.P.L.S. No. 5937 NOTES: /(7/,L//Z t. This survey was performed without the bene %it of o Title Commitment. 2. Horizontol Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 8:. fast= 3,802.009.473) and 7575 (grid coordinate of 'North = 10,262.526.24 & Eost= 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 Horizontol" units and may be converted to "GRID" units by multiplying by a combined scale factor Df 0.99988. 3. Square footage totals shown hereon ore based on I mathematicol closures and do not necessorily represent the posltiohlol accuracy of the boundary monumentotion. LOT LINE FND.3 R. �p P SERVI POLE 25' 9.L PER PLAT CALLED 50' ROlD PT_ RESIDUE GIBBS BROS, k CO. (AOICKES, TRACT No. 9) VOL 85. PACE 161 D.R:W.C.T. 1 ASBUILT SURVEY OF LOT 3 OF VANN- JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS S,olutions,LLC 25814 Budde Rood Sp ing, Texas 77380 Phone: 281-681-9766 Fox: 281-68 —9779 Scalp: Alb, /KY Na. N/A AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711-3941 LOAN NO.: 77099912610b ESCROW NO.: 201306627 TITLE NO.: 201306627 Rub cu: WALKER COUNTY TITLE COMPANY 1109 UNIVERSITY AVENUE HUNTSVILLE, TEXAS 77340 GF# 49/3- . )4 4 [SPACE ABOVE THIS LINE FOR RECORDING DATA] — Texas Neighborhood Stabilization Program (NSP) Purchase Money Deed of Trust ( "Deed of Trust ") NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: JANUARY 09, 2014 Grantor: KAREN JACKSON, A SINGLE PERSON Grantor Mailing Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Trustee: Timothy K. Irvine of Travis County, Texas Trustee's Mailing Address: P.O. Box 13491; Austin, Texas 78711 Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Beneficiary's Mailing Address: 221 East 11th Street Austin, Travis County, Texas 78701 NSP Purchase Money Promissory Note (Note): Date: Of even date herewith. Original principal amount: SIXTY THREE THOUSAND THREE HUNDRED THREE AND 00 /100 Dollars 63,303.00 ) ($ Maker: KAREN JACKSON Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Maturity date: FEBRUARY 01, 2044 TDHCANSPDOTPMF Form - TDHCADI -6647 (Ver. 11 -2013) Initials Page 1 of 9 ORIGINAL K Terms of Payment: As provided therein Property: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Prior Liens: N/A Other Exceptions to Conveyance and Warranty: 1. Visible and apparent easements on or across property which may not appear of record. 2. All coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto. 3. Restrictions, covenants, easements and outstanding mineral reservations, rights to royalties, if any shown of record in the hereinabove mentioned county and state, all to all zoning laws, regulations and ordinances of municipal and /or other governmental authorities, if any. 4. Ownership of all oil, gas and other minerals; and rights of all parties claiming by, through or under said mineral owner(s). For value received and to secure payment of Note, Grantor conveys the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty. On payment of Note and all other amounts secured by this Deed of Trust, this Deed of Trust will have no further effect, and Beneficiary will release it at Grantor's expense. A. Grantor's Obligations Grantor agrees to: 1. keep the Property in good repair and condition; 2. pay all taxes and assessments on the Property before delinquency; 3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the lien's priority as it is established in this Deed of Trust; 4. maintain, in a form acceptable to Beneficiary, an insurance policy that: a. covers all improvements for their full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a smaller amount in writing; b. provides fire and extended coverage, including windstorm coverage; c. protects Beneficiary with a standard mortgage clause; d. provides flood insurance at any time the Property is in a flood hazard area; and e. contains such other coverage as Beneficiary may reasonably require. 5. deliver the insurance policy to Beneficiary within ten days of the date of this Deed of Trust and deliver renewals to Beneficiary at least fifteen days before expiration; LOAN NO.: 77099912610b K TDHCANSPDOTPMF Initials Form - TDHCADI -6647 (Ver. 11 -2013) Page 2 of 9 ORIGINAL 6. obey all laws, ordinances, and restrictive covenants applicable to the Property; 7. keep any buildings occupied as required by the insurance policy; and 8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all prior lien notes and abide by or cause to be abided by all prior lien instruments. B. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of Trustee. 2- If the proceeds of Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all the rights and liens of the holders of any debt so paid. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce Note or to repair or replace damaged or destroyed improvements covered by the policy. If the Property is Grantor's primary residence and Beneficiary reasonably determines that repairs to the improvements are economically feasible, Beneficiary will make the insurance proceeds available to Grantor for repairs. 4. Notwithstanding note terms to the contrary, and unless applicable law prohibits, all payments received by Beneficiary from Grantor under Note or this Deed of Trust may, at Beneficiary's discretion, be applied first to amounts payable under this Deed of Trust and then to amounts due and payable to Beneficiary under Note, to be applied to late charges, principal, or interest in the order Beneficiary in its discretion determines. 5. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand for any amounts so paid, including attorney's fees, plus interest on those amounts from the dates of payment at the rate stated in Note for matured, unpaid amounts. The amount to be reimbursed will be secured by this Deed of Trust. Notwithstanding anything to the contrary contained herein, if Grantor's first mortgage is an FHA - insured mortgage, the Grantor is not liable for Beneficiary's costs and expenses, including attorney fees, if the event of default results solely from Grantor's violation of the owner - occupancy restriction. 6. If there is a default on Note or if Grantor fails to perform any of Grantor's obligations and the default continues after any required notice of the default and the time allowed to cure, Beneficiary may: a. declare the unpaid principal balance and earned interest on Note immediately due; b. direct Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent will cause notice of the foreclosure sale to be given as provided by the Texas Property Code as then in effect; and c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited on Note. 7. Beneficiary may remedy any default without waiving it and may waive any default without waiving any prior or subsequent default. C. Trustee's Duties If directed by Beneficiary to foreclose this lien, Trustee will: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then in effect; 2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash with a general warranty binding Grantor, subject to the Prior Lien and to the Other Exceptions to Conveyance and Warranty and without representation or warranty, express or implied, by Trustee; LOAN NO.: 77099912610b K TDHCANSPDOTPMF Initials Form - TDHCADI -6647 (Ver. 11 -2013) Page 3 of 9 ORIGINAL 3. from the proceeds of the sale, pay, in this order: a. expenses of foreclosure, including a reasonable commission to Trustee; b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance; and 4. be indemnified by Beneficiary against all costs, expenses, and liabilities incurred by Trustee for acting in the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other costs, including attorney's fees, incurred by Trustee in defense of any action or proceeding taken against Trustee in that capacity. D. General Provisions 1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any trustee's deed conveying the Property will be presumed to be true. 3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien will remain superior to liens later created even if the time of payment of all or part of Note is extended or part of the Property is released. 5. Application of Payments. If any portion of Note cannot be lawfully secured by this Deed of Trust, payments will be applied first to discharge that portion. Unless applicable law provides otherwise, payments will be applied next, to principal due; third, to interest due; fourth, to any amounts payable for taxes and insurance escrow under this part D, paragraph 27 and last, to any late charges due under the Note. 6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be exercised by successors in interest of all parties. 7. IIazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property in accordance with paragraph 9. Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Note. If under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust immediately prior to the acquisition. 8. Usury; Interest. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the LOAN NO.: 77099912610b TDH CANS PDOTPMF Initials Form - TDHCADI -6647 (Ver. 11 -2013) Page 4 of 9 ORIGINAL principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions in this and all other instruments concerning the debt. 9. Protection of Beneficiary's Rights in the Property. If Grantor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take action under this paragraph 9, Beneficiary does not have to do so. Any amounts disbursed by Beneficiary under this paragraph 9 shall become additional debt of Grantor secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Beneficiary to Grantor requesting payment. 10. Mortgage Insurance. If Beneficiary required mortgage insurance as a condition of making the loan secured by this Security Instrument, Grantor shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Beneficiary lapses or ceases to be in effect, Grantor shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Grantor of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Beneficiary. If substantially equivalent mortgage insurance is not available, Grantor shall pay to Beneficiary each month a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Grantor when the insurance coverage lapsed or ceased to be in effect. Beneficiary will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Beneficiary, if mortgage insurance coverage (in the amount and for the period that Beneficiary requires) provided by an insurer approved by Beneficiary again becomes available and is obtained. Grantor shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Grantor and Beneficiary or applicable law. 11. Inspection. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 12. Condemnation. Grantor assigns to Beneficiary all amounts payable to or received by Grantor from condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the Property. After deducting any expenses incurred, including attorney's fees and court and other costs, Beneficiary will either release any remaining amounts to Grantor or apply such amounts to reduce Note. Beneficiary will not be liable for failure to collect or to exercise diligence in collecting any such amounts. Grantor will immediately give Beneficiary notice of any actual or threatened proceedings for condemnation of all or part of the Property. 13. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any part of the Property have been advanced by Beneficiary at Grantor's request and upon Grantor's representation that such amounts are due and are secured by valid liens against the Property. Beneficiary shall be subrogated to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless of whether said liens or debts are acquired by Beneficiary by assignment or are released by the holder thereof upon payment. LOAN NO.: 770999126101) TDHCANSPDOTPMF Form - TDHCADI -6647 (Ver. 11 -2013) Initials 1 \ V Page 5 of 9 ORIGINAL 14. Purchase Money; Vendor's Lien. Grantor represents that this Deed of Trust and Note are given for the following purposes: The funds advanced to Maker under Note are used to pay all or part of the purchase price of the Property. Note is also primarily secured by a subordinate vendor's lien retained in the deed of even date with this Deed of Tnist executed by CITY OF HUNTSVILLE conveying the Property to Maker, which vendor's lien has been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien. The vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative. Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose under both. 15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF TIIE 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 constriction, or renew and extend a prior lien against the Property, will be used to reduce the balance evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's option. Maker agrees to execute any documentation necessary to comply with this Section. 17. Occupancy, Preservation, Maintenance and Protection of the Property. GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR BELOW FIFTY PERTCENT (50 %) OF AREA MEDIAN INCOME, AND WILL CONTINUE TO USE THE PROPERTY AS THEIR PRINCIPAL RESIDENCE. IF GRANTOR CEASES TO OCCUPY THE PROPERTY AS THEIR PRINCIPAL RESIDENCE, THE BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF THE UNPAID AND /OR UNFORGIVEN BALANCE OF ALL PRINCIPAL AND INTEREST, IF ANY, REMAINING DUE THEREON. HOWEVER, THIS ELECTION SHALL NOT BE EXERCISED BY BENEFICIARY IF PROHIBITED BY FEDERAL LAW. Grantor shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Grantor shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Beneficiary's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Deed of Trust or Beneficiary's security interest. Grantor may LOAN NO.: 77099912610b TDHCANSPDOTPMF Initials Form - TDIICADI -6647 (Ver. 11 -2013) Page 6 of 9 ORIGINAL cure such a default and reinstate, as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", by causing the action or proceeding to be dismissed with a ruling that, in Beneficiary's good faith determination, precludes forfeiture of the Grantor's interest in the Property or other material impairment of the lien created by this Deed of Trust or Beneficiary's security interest. Grantor shall also be in default if Grantor, during the loan application process, gave materially false or inaccurate information or statements to Beneficiary (or failed to provide Beneficiary with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Grantor's occupancy of the Property as a principal residence. 18. Hazardous Substances. Grantor shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Grantor shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Grantor shall promptly give Beneficiary written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Grantor has actual knowledge. If 'Grantor learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Grantor shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 19. Waiver of Notice of Intention to Accelerate. Grantor waives the right to notice of intention to require immediate payment in full of all sums secured by this Deed of Trust and the right to notice of acceleration, except in either case as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." 20. Substitute Trustee. Beneficiary, at its option and with or without cause, may from time to time remove Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 2L Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall have the right to have enforcement of this Deed of Trust discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Deed of Trust; or (b) entry of a judgment enforcing this Deed of Trust. Those conditions are that Grantor: (a) pays Beneficiary all sums which then would be due under this Deed of Trust and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's rights in the Property and Grantor's obligation to pay the sums secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of Trust and the obligations secured hereby shall remain frilly effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." LOAN NO.: 770999126101) TDHCANSPDOTPMF Initials Form - TDIICADI -6647 (Ver. 11 -2013) Page 7 of 9 ORIGINAL K �L 22. Release. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall release this Deed of Trust without charge to Grantor. Grantor shall pay any recordation costs. 23. Severability. If any provision of this Deed of Trust is determined to be invalid or unenforceable, the validity or enforceability of any other provision will not be affected. 24. Partial Invalidity. In the event any portion of the sums intended to be secured by this Deed of Trust cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those portions not secured hereby. 25. The term Note includes all extensions and renewals of Note and all sums secured by this Deed of Trust. 26. When the context requires, singular nouns and pronouns include the plural. 27. If Grantor and Maker are not the same person, the term Grantor shall include Maker. 28. Reserve for Taxes and Insurance. Grantor agrees to make an initial deposit in a reasonable amount to be determined by Beneficiary and then make monthly payments to a fund for taxes, insurance premiums, and assessments against or affecting the Property at the request of Beneficiary. Monthly payments will be made on the payment dates specified in Note, and each payment will be one- twelfth of the amount that Beneficiary estimates will be required annually for payment of taxes and insurance premiums. The fund will accrue no interest, and beneficiary will hold it without bond in escrow and use it to pay the taxes and insurance premiums. If Grantor has complied with the requirements of this paragraph, beneficiary must pay taxes before delinquency. Grantor agrees to make additional deposits on demand if the fund is ever insufficient for its purpose. If an excess accumulates in the funds, Beneficiary may either credit it to future monthly deposits until the excess is exhausted or refund it to Grantor. When Grantor makes the final payment on Note, Beneficiary will credit to that payment the whole amount then in the fund or, at Beneficiary's option, refund it after Note is paid. If this Deed of Trust is foreclosed, any balance in the fund over that needed to pay taxes, including taxes accruing but not yet payable, and to pay insurance premiums will be paid under part C, "Trustee's Rights." Deposits to the fund described in this paragraph are in addition to the monthly payments provided for in the Note. 29. "Riders" means all Riders to this Security Instniment that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Balloon Rider ❑ 1 -4 Family Rider ❑ Other(s) [specify]: ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider LOAN NO.: 77099912610b TDHCANSPDOTPMF Initials Form - TDHCADI66470 (Ver. 11 -2013) Page 8 of 9 ORIGINAL ❑ Second Home Rider ❑ Assumption Rider ❑ Inter Vivos Trust Rider K GRANTOR: Kaktin. Borrower KAREN JACKSON Date Borrower Date Borrower State of TEXAS County of WALKER Date Borrower Date [Space Below This Line For Acknowledgment] Before me, a Notary Public, on this day personally appeared KAREN JACKSON known to ine (or proved to me on the oath of or through [description of identity card or other document] d- L 1!) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for theapu ffi �fgndi consideration therein expressed. Given unar nV4v49�,aii of office this 1 ��o .� +' 4 • ��FkP F ICI- "' , /fits,. • ' e (Seal)-411. `14 -2014 ` ,,,,,o\�\e ofimiililN My Commission Expires: �/ , /, /Ci- `/j PREPARED BY: JOHN HAY HAY DARBY PLLC, ATTORNEYS AT LAW 402 WEST 7TH STREET AUSTIN, TEXAS 78701 day of L c e c. zof , A.D. et-/;1: Title of Office AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711 -3941 Return Record Attention: Connie Nunley Mortgage Loan Orignator's Organization: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN NO.: 77099912610b TDHCANSPDOTPMF F011111 - TDHCADI -6647 (Ver. 11 -1017) Page 9 of 9 ORIGINAL METES AND BOUNDS DESCRIPTION of Lot 3 of Vann - Johnson Subclivisio b`Ilnntsvilie, 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 3 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, being a portion of that certain called 1.17 acre tract of land conveyed to the City; ofHunt villetby 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 are of land being more particularly described by metes and bounds as follows: BEGINNING at a point 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.WC.), being the northeasterly corner of Lot 2 of' said Vann- Johnson Subdivision, same being the southeasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract, from which a found 5/8- inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 87 °24'13" West, l distance of 150.16 feet, along the northerly line of said Lot 2, being the southerly line of said Lot 3 to a found 5/8 -inch iron rod with cap .inithe 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 2, same being the southwesterly Lot 3, 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, being the westerly line of said Lot 3 and said 1.17 acre tract to a fou id. 5/8 -inch ii•on rod with cap at the southwesterly corner of Lot 4 of said Vann - Johnson Subdivision, being the northwesterly corner of said Lot 3; • TIIENCE, North 87 °24'13" East, a distanceeof 150.16 feet, along the souther!) line of said Lot 4, being the northerly line of said Lot 3 to a found 5/8 -inch iron rod with cap in the westerly line of said 50' Road, being the southeasterly corner of said Lot 4, satire being the northeasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract;. THENCE, South 02 °35'47" East, .11 i of 57,00 feet, along the westerly;line of said 50' Road, being the eastern Y line of said Lot 3 and Aid 1.17 acre tract to the Point of Beginning and containing 0.196 of an acre of land. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid. coordinate of North = 10,262,485.311& 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 ate 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 ]3ucicle Roacl Spring, Terns Tel. 281 - 681 -9766 Job No. 11 -249 -027 i IFiI . va to STEPHEN M. CHRUSZCZAK .1111% 1 4, *O'sURVe'!. ,• LEGEND WATER WELL FOUND MONUMENTTION (TYPE NOTED) tEJ METER BOX —P-- POWER LINES —7/— FENCE 111 EDGE OF ASPHALT CLEA! OUT FIRE HYDRANT 0 WATER VALVE DEED' RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER .COUNTY, TEXAS PLAT: RECORDS WALKER COUNTY, TEXAS D.R.W.C.T. 0.P.R.W.C.T: P.R.W.C.T. E of 0.196 ACRES I (8,559 SQ. FT.) zl LOT 3 LOT 4 70' B.L. PER PLAT 1N87241 150.16' 10' 6.1. PER PLAT MW 0F,r 0 15 30 SCALE: 1" = 30' nI yI L o SET..5 /8 ".R. r v W/"CS"CAP • C Ci V 10' B.L. PER (PLAT LOT LINE 3W6' —STEPS r� I 31.6' " c, 1 —STORY BRICK *BUILDING 49.0's 60 7e /SERVICE ` ri &POLE FND.5 /8"11.11 W /CAP 10 0 CONC. U 0 4 I, 1, J ' I ai., _ J 31.5• Dn,ofr S87 24'13 "W 1 _4.0.16' 10' B.L. PER PLAT LOT 2 VANN - JOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. SURVEYOR'S CERTIFICATE I hereby onathefygrround and completedlonhNovehmberr6, 2012 that this drawing correctly represents the foots found: at the time of survey and that this professional ; service substantially conforms to the current Texas Society of Professional Surveyors Standards and Specifications I for a Category 16. Condition II Survey. Ste-ph efi M. Chruszezok R.P.L.S. No. 5937 NOTES: /(//.Z //L 1. This survey was performed without the benefit of a Title Commitment. 2. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.3.1 ez ast= 3,502,009.473) and 7575 (grid coordinate of North = 1b,262,526.24 d� East= 3.801.780.255). Bearings' described, are related' to the Texas Coordinate System of 1963, Central Zone. Distances shown ore US Survey Feet in 'Field Horizontol' units and may be conVlerted to "GRID" units by multiplying by a combined scale factor of 0.99988. 3. Swore footage totals shown hereon ore based on mathemoticol closures and do not necessarily represent the positional accuracy of the boundary monumentotion. LOT LINE 11 � I -P " SERVI POLE 25' 9.L PER PLAT CALLED 60' 6040 PT. RESIDUE 67895 BROS. G CO. (ADICK£S 7RACT No. 9) VOL. 65 PAGE 161 D.R:W.C. L ASBUILT SURVEY OF LOT 3 OF 'VANN- JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS S;olutionS,LLC 25814 Budde Rood Spring, Texas 77380 Phone:281- 681 -9766 Fox: 281-681-9779 or: KC cnnckoa 44x SC Prokct No: 11 -249 -027 04t« 11/12/12 r.e.: N/A Drawl, Noma LOT3— ASB.DWG 1" =30' Albo/KY No. N/A UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) B. E -MAIL CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) r Texas Department of Housing and Community Affairs P. O. 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.� This FINANCING STATEMENT AMENDMENT is to be filed [for record] (or recorded) in the REAL ESTATE RECORDS Filer. attach 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. U 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 5.0 PARTY INFORMATION CHANGE: Check one of these two boxes: This Change affects 0Debtor Q Secured Party of record AND Check one of these three boxes lo: CHANGE name and /or address: Complete ADD name: Complete item DELETE name: Give record name ❑ item 6a or 6b; and item 7a or 7b find item 7c 7a or 7b, am] item 7c Lj to be deleted in item 6a or 6b 6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only me name (6a or 6b) OR 6a. ORGANIZATION'S NAME 6b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME 'ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7. CHANGED OR ADDED IN FORMATION: Complete for Assignment or Party Information Change - provide only Qne name (7a or 7b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name) 7a. ORGANIZATION'S NAME OK 7b. INDIVIDUAL'S SURNAME INDIVIDUAL'S FIRST PERSONAL NAME INDIVIDUALS ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. COLLATERAL CHANGE: Also check one of these four boxes: ❑ ADD 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 THREE (3), 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. © DELETE collateral RESTATE covered collateral El ASSIGN collateral 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only one name (9a or 9b) (name of Assignor, 9 this is an Assignment) If this is an Amendment authorized by a DEBTOR, check here ❑ and provide name of authorizing Debtor OR 9a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 9b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 10 OPTIONAL FILER REFERENCE DATA: NSP #770999991266: City of Huntsville, a political subdivision of the State of Texas International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (Form UCC3) (Rev. 04/20/11) UCC FINANCING STATEMENT AMENDMENT ADDENDUM FOLLOW INSTRUCTIONS 11. INITIAL FINANCING STATEMENT FILE NUMBER: Same as item 1a 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. INDIVIDUALS SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 13. Name of DEBTOR on related financing statement (Name of a current Debtor of record required for indexing purposes only in some filing offices - see Instruction item 13): Provide only one Debtor name (13a or 13b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); see Instructions if name does not fit OR 13a. ORGANIZATION'S NAME CITY OF HUNTSVILLE 13b. INDIVIDUALS SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 14. ADDITIONAL SPACE FOR ITEM 8 (Collateral): 15. This FINANCING STATEMENT AMENDMENT: Ecovers timber to be cut El covers as- extracted collateral El 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 THREE (3), 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 3 of Vann- �Ol1nson Subdivisio1; 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 3 (Tithe 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 are of land being more particularly described by metes and bounds as follows: I I BEGINNING at a point in the westerly line of that. certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.),. being the northeasterly corner of Lot 2 of said Vann- Johnson Subdivision, same being the southeasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract, from which a found 5/8- Melt iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 87 °24'13" West, n distance of 150.16 feet, along the nortner.lj' line of said Lot 2, being the southerly line of said at 3 to a found 5/8 -inch iron rod with cap inj the easterly .line of that certain called 0.21 acre tract'' of land conveyed to Betty Randel by deedjand recorded in Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Lot 2, saint being the southwesterly Lot 3, 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, being the westerly line of said Lot 3 and said 1.17 acre tract to a found. 5/8 -inch iron rod with cap at the southwesterly corner of Lot 4 of said Vann - Johnson Subdivision, being the northwesterly corner of said Lot 3; THENCE, North 87 °24'13" East, a distance `'of 150.16 feet, along the southerly line of said Lot 4, being the northerly line of said Lot 3 to a found 5/8 -inch iron rod with cap in the westerly line of said 50' Road, being the southeasterly corner of said Lot 4, same being the northeasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract;. THENCE, South 02 °35'47" East, distance of 57.00 feet, along the westerly; line of said 50' Road, being the easterlY line of said Lot 3 and s?iid 1.17 acre tract to the Point of Beginning and containing 0.196 of an acre of land. Horizontal Control is based on holding City of Huntsville . Monuments No. 7574 (grid coordinate of North 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North 10,262,526.24 & Bast= 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 ITorizontal" 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 ':71:`. ODE STEPHEN M. CHRUSZCZAK . hNp SUItV�y�c� LEGEND © WATER WELL FOUND MDNUMENTTION (TYPE NOTED) 0 METER BOX —P— POWER LINES —1/— FENCE /// EDGE OF ASPHALT c' CLE4? OUT -¢•- FIRE 'HYDRANT 0 WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER .COUNTY, TEXAS PLAT! RECORDS WALKER COUNTY; TEXAS D.R.W.C.T. 0.P.R.W.C.T. P.R,W.C.T. FND 5 j7. R. W /CAP 70' B.L PER PLAT 0 15 30 SCALE: 1" = 30' I N87 24'13"E ! 150.16' 10' B.L. PER. PLAT 1 I 0.196 ACRES (8,559 SQ. FT..) I LOT 3 1 alti L SET.5 /8'LR. W "GS "CAP • 10' B.L PER ;PLAT oE �I ml AI SURVEYOR'S CERTIFICATE 0') LOT LINE 3'X6' Iv STEP5— 31.6' 1 —STORY BRICK BUILDING U cc 0 a LOT LINE S87 24'13 "W 1 _40.16' 10' 8.L PER PLAT LOT2 VANN- JOHNSON SUBDIVISION VOL. 5, PG.•S1 P.R.W.C:T. I hereby certify to The City of Huntsville that this survey was made on the ground and completed on November 6, 2012 that this drawing correctly represents the facts found; dt the time of survey and that this professional :service substantially conforms to the current Texas Society of Professional Surveyors Standards and Specifications ! for o Colegory 18. Condition II Survey. Stephirfi M. Chrusz ok R.P.L.S. No. 5937 NOTES: 1. This survey was performed without the benefit of a Title Commitment. 2. Horizontal Control is bosed on holding City of Huntsville Monuments No. 7574 (grid coordinote of North = 10,262,485.31 &. tgst= 3,602.009.473) and 7575 (grid coordinate of North = 10,262.526.24 &. East= 3.801,760.255). Bearings described, ore related; to the Texas Coordinate System of 1983, Central. Zone. Distances shown are US Survey Feet in "Field Horizontol" units and may be convlerted to "GRID" units by multiplying by o combined scale factor of 0.99988. i 3. Squore footage totals shown hereon ore bosed onl mothemoticol closures and do not necessarily represent the positional accuracy of the boundary monumentotion. sl pl 60 f `Q c POLE CE FND.5 /8 "1.In W /CAP O to _o (1) CONC. FND.3 I.R. ,rte POLE SERLVI LV Z CALLED '60' R0 0 PT.. RESIDUE GIBBS' BROS L CO. (ADICKES. TRACT No. 9) VOL 65. PAGE 161 D.R: W.G.L 1 ASBUILT SURVEY OF LOT 3 OF VANN — JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions,LLC 25814 Budde Road Sp ing, Texas 77380 Phone: 281-681-9766 Fax:281- 681 -9779 orawlnq or 'KC Dow 11/12/12 se5ia a.acktNI ON SC rat: N/A 1 " =30' Preleci 14. aroring Noma ANOSAY No. 11 -249 -027 LOTS- ASB.DWG N/A 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, you should contact the appropriate taxing entity and render your property immediately. OR Walker County properties properties Contact: Walker County Appraisal District P. 0. Box 1798 Huntsville, Texas 77342 -1798 one: 936 - 295 -0402 Ainn Buyer I-I3- 20#7 Date FOR ' an Jacin . Coun Contact: San Jac t. 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C 3' C F4 < ) Yr 4 yr 4 4 g in to o in c c, cc c, , -, cc c" C c, g MMMMMM I MMt,,MMMMMMMM MI SURVEY AND TITLE LETTER I /We 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. I /We 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 I /we 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 NONE EXECUTED this / day of BORROWER: KAREN JACKSON LOAN NO.: 77099912610b TDHCANSPSURVEY Form - TDHCASVY -1193 (Ver. 11 -2013) ORIGINAL DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or Less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." I request deletion of the Arbitration provision. Texas Department of Housin . and Community affairs, a public and official agency of the State of Texas By: Its: Duly Authorized Representative DATE: "5-p\ NI 0 4),e,1-1 �.O t ti Loan No.: 77099912610b TDHCADELARB Fonn - TDIICAARII -1423 (Ver. 09 -2013) ORIGINAL Please give this letter to borrower at closing. JANUARY 09, 2014 KAREN JACKSON 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Re: Loan Number 77099912610b Dear KAREN JACKSON 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 MARCH 01, 2014 . Please use the temporary coupon attached below when mailing your first payment. Your loan may include an escrow account, which is used to pay your taxes and insurance. Annually, we will analyze the escrow account, and your payment may be adjusted accordingly. If, for example, your property taxes increase, your payment may also increase. At the end of each year, the Department will send you an annual statement for your records. This information will also be transmitted to the Internal Revenue Service for income tax purposes. If you have any questions or concerns regarding your mortgage loan, please don't hesitate to contact us at the number listed below. We look forward to servicing your mortgage loan. Texas Department of Housing and Community Affairs If by mail: P.O. Box 13941, Austin, Texas 78711 -3941 If by overnight delivery service: 221 E. 11th Street, Austin, Texas 78701 Toll Free: 800.298.4013 FAX Number: 512.472.7500 CUT HERE FOR FIRST PAYMENT COUPON Mail to: Texas Department of Housing and Community Affairs P.O. Box 13245 -C3 Austin, Texas 78711-3245 Loan Number: 77099912610b Payment Due Date: MARCH 01, 2014 Borrower Name: KAREN JACKSON Mortgage Loan Payment: Principal & Interest: 175.84 Escrow: 243.03 Total Payment: 418.87 TDHCANSPPAYLTR Form - TDHCAPCI -1203 (Ver. 11-2013) SIGNATURE /NAME AFFIDAVIT Date: JANUARY 09 , 2014 Borrower: KAREN JACKSON Property Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099912610b THIS IS TO CERTIFY MY LEGAL SIGNATURE IS AS WRITTEN AND TYPED BELOW. (This signature must exactly match signatures on the Agreement/Note and Mortgage or Deed of Trust.) KAREN JACKSON (Print or Type Name) (If applicable, complete the following) I AM ALSO KNOWN AS: KAREN JACKSON (Print or Type Name) d g- M ©a) (Print or Type Na e) (Print or Type Name) Karen Lynette Jackson (Print or Type Name) Karen Banks Jackson (Print or Type Name) Karen Lynette Banks Jackson (Print or Type Name) Karen Lynette Banks (Print or Type Name) (Print or Type Name) (Print or Type Name) STATE OF T X CO Y OF C� on I��'e !:)� 2o(if person appeared KAREN JACKSON before me, Signature Kt4A-LAA._ Signature K3 Signature Signature ckkAA Signature Signature Signature KaIv4 Xiv 6 c Signature Signature Signature (Notary Name and Title) i personally known to me (or proved to me on instrument and acknowledged to me that.1 signature(s) on the instrument the person(s), WITNES Signature Signature/N d al of ci seal. It the basis of satisfactory evidence) to be e person(s) whose name(s) is /are subscribed to the thin they executed the same in ±; .. =r Vl »tthorized capacity(ies), and that by or the entity upon behalf of whickalt s dii)16ee executed the instrument. e Afti Form - CWSIGAFI -1085 (Ver. 03-2009) ORIGINAL • oft ff /sA / /�r t 74-20'14 .0;,‘' otarial Seal) 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 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 dated JANUARY 09, 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. Kait DA/1. C/(40,11 Borrower Date Borrower Date KAREN JACKSON Borrower Date Borrower Date ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF WALKER Before me, this instrument was signed and acknowledged on KAREN JACKSON (SEAL) `N:k.N9 PP ... O,ji'4T; Notary P blic S e of Texas q ; �j0 URi�, 02 i-72 1--i / in • ted Name] v d'?'97 FT Pte' * /,,,,, ►14 2014 LOAN NO.: 77099912610b TDHCANSPOCCUPAN Form - TDnCAOCC -1989 (Ver. 09 -2013) My Commission Expires: ORIGINAL I - Ze1( TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): KAREN JACKSON Property Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099912610b 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. r.„ Borrower KAREN JACKS N c,k)tnA) STATE OF TEXAS COUNTY OF WALKER This instrument was KAREN JACKSON My commission expires: ry (Seal) Penalty Disclosure Form - TXFRAUDI -4701 (Ver. 011 -2012) ORIGINAL acknowledged before me on OW4010111 70/V ,by ';'\P **`i ;11.82. O'Y j,�j/ ••,14TE0� C w • ,EX Nota 1' ublic / tate of TEXAS cioti A/A ) -ad,,e,thredi Notary's T} ed or Printed Name TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): KAREN JACKSON Property Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099912610b 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 Uwe received, read, and executed this written Notice. 61.A 0/Y1 Borrower KAREN JACKSON STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on KAREN JACKSON l,������p�NT111111 '�,S My on expire commission 1c • Sf- - 6'-11 TE OF (Seal) %, eYN „XPIREe „... < -S Penalty Disclosure /4��,9„, 8i14; "yyo0, Form - TXFRAUDI -4701 (Ver. 011 -2012) ORIGINAL Not j- Notary s Typed or Printed Name P l , State of TEXAS 114'4� �� � A . _ Debtor: KAREN JACKSON Collateral: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Loan No: 77099912610b 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. KAREN JACKSON - Borrower - Borrower - Borrower COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) Form - TXCOLLAT -0378 (Vet. 11 -2012) ORIGINAL - Borrower NOTICE REGARDING FLOOD INSURANCE COVERAGE Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: JANUARY 09, 2014 Loan No -: 77099912610b Borrower: KAREN JACKSON Property Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 We may assign, sell, or transfer the servicing of your mortgage loan. Your new lender /servicer may require more flood insurance coverage than the minimum amount that has been identified in your Notice of Special Flood Hazards (NSFH). The new lender /servicer may require coverage in an amount greater than the minimum, and has the right to require flood coverage at least equal to 100% of the insurable value (also known as replacement cost value) of the building(s) used as collateral to secure the loan or the maximum available under the National Flood Insurance Program (NFIP) for the particular type of building. You should review your exposure to flood damage with your insurance provider, as you may wish to increase your coverage above the minimum amount required at the time of closing your loan versus what subsequently the new lender /servicer may require. H3- Borrower (f KAREN JACKSON Date Borrower Date Borrower Date Borrower Date Flood Insurance Notice Forin - FLOODDIS -6132 (Ver. 11 -2011) ORIGINAL BORROWER'S ACCEPTANCE OF PROPERTY BORROWERS: KAREN JACKSON PROPERTY ADDRESS: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 WE, THE UNDERSIGNED PURCHASERS OF THE ABOVE REFERENCED PROPERTY, DO HEREBY ACCEPT THE PROPERTY IN ITS AS IS CONDITION. torrower (/ KAREN JACKSON Date Borrower Date Borrower Date Borrower Date LOAN NO.: 77099912610b Borrower's Acceptance of Property Form - PROPACPT -6299 (Vrr. 05 -2009) ORIGINAL Texas Neighborhood Stabilization Program (NSP) Homebuyer Assistance Deferred Forgivable Subordinate Lien Note ( "Note ") Date: JANUARY 09, 2014 Borrower: KAREN JACKSON Borrower's Mailing Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Lender's Mailing Address: 221 East 1 1th St., Austin, Travis County, Texas 78701 P.O. Box 13941, Austin, Travis County, Texas 78711 -3941 PROPERTY: 121 AVENUE D HUNTSVILLE [Property] [City] WALKER TEXAS 77320 [County] [State] [Zip] more specifically described as. LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF [Legal Description] hereinafter referred to as "Property." 1. BORROWER'S PROMISE TO PAY Borrower promises to pay U. S. TWENTY EIGHT THOUSAND ONE HUNDRED NINETY SEVEN AND 00 /100 dollars ($ 28,197.00 ) ( "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.: 77099912610c TDHCANSPNOTEHBA Form - TDHCAN3 -6587 (Ver. 09 -2013) Page 1 of 5 ORIGINAL Initials 3. PAYMENT TERMS; TIME AND PLACE OF PAYMENTS (A) Payment Terms; Time of Payments The loan repayment of the Principal Amount of this Note shall be due and payable in legal tender of the United States of America in Ten (10) equal annual installments of TWO THOUSAND EIGHT HUNDRED NINETEEN AND 70/100 dollars ($ 2,819.70 ) each year beginning FEBRUARY 01, 2015 (the "First Anniversary"), and shall continue annually until FEBRUARY 01, 2024 , the expiration of Ten (10) years ( "Maturity Date "). At Maturity Date, the unpaid and un- forgiven amounts owing under this Note shall be due and payable in full. Each payment installment will be applied first to accrued interest, if any, and the remainder to reduction of the Principal Amount. After Maturity Date, Borrower promises to pay any unpaid principal balance plus interest at the Annual Interest Rate on Matured, Unpaid Amounts. (B) Deferral and Annual Forgiveness Provided that the Borrower complies with the terms of this Note, the NSP Subordinate Deed of Trust, and any and all other documents evidencing, securing or executed in connection with this Note, the amounts of Principal Amount due and payable under this Note shall be deferred and waived annually at a rate of Ten (10.000 %) of Principal, Amount per year beginning on the First Anniversary and continuing annually until Maturity Date. (C) Place of Payment Borrower will make payment(s) at P. O. Box 13941, Austin, Texas 78711 -3941 or at a different place if required by the Note Holder. (D) Due on Sale /Repayment If one of the following events should occur before said Maturity Date, the unpaid and unforgiven balance of this Note shall be immediately due and payable and Note Holder may invoke any remedies provided under the NSP Subordinate Deed of Trust securing this Note: (a) Due on Sale /Repayment Subsection (a) (b) either of the Superior Lien Note(s) is refinanced in whole or in part or is assumed by a new borrower without the consent of the Note Holder; or (c) either of the unpaid balance(s) of the Superior Lien Note(s) becomes due and payable in full for any reason (whether by acceleration or according to its terms, and including, without limitation, because any maker of the Superior Lien Note(s) is in default); or (d) all or any part of the Property, or any interest in it, is leased, transferred or conveyed without Note Holder's prior, written consent; or (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.: 77099912610c TDHCANSPNOTEHBA Initials Form - TDHCAN3 -6587 (Ver. 09-2013) Page 2 of 5 ORIGINAL 24 CPR § 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 snake 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: (1) 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.: 77099912610e TDHCANSPNOTEHBA Porn - TDnCAN3 -6587 (Ver. 09 -2013) Page 3 of 5 ORIGINAL Initials (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 $ 63,303.00 , dated JANUARY 09, 2013 and executed by KAREN JACKSON payable to the order of TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") 10. WAIVERS Borrower and any other person who has obligations under this Note waive notice of intention to accelerate, except as provided in except as provided in Section 6 (C) above, and the rights of 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. 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. LOAN NO.: 77099912610c TDHCANSPNOTEHBA Form - TDHCAN3 -6587 (Ver. 09 -2013) Page 4 of 5 ORIGINAL Initials K 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. orrower KAREN JACKSON /3 Date Borrower Date Borrower Date Borrower Date Mortgage Loan Orignator's Organization: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN NO.: 77099912610c TDHCANSPNOTEHBA Fonn - TDHCAN3 -6587 (Ver. 09 -2013) Page 5 of 5 ORIGINAL METES AND BOUNDS DESCRIPTION of Lot 3 of Vann- Johnson Subdivisio i; 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 3 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 point in the westerly line of that. certain culled 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the northeasterly corner of Lot 2 of sa'd Vann - Johnson Subdivision, same being the southeasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract, from which a found 5/8- inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE South 87°24'13" 13 West, a distance of 150.16 feet, along the northerly line of said Lot 2, being the southerly line of said Lot 3 to a found 5/8 -inch iron rocl with cap .in'Ithe easterly line of that certain called 0.21 acre tract1 of land conveyed to Betty Randel by deed, and recorded in Volume 94, page 180 of said Deed j.tecords, being the northwesterly corner of said Lot 2, same being the southwesterly Lot 3, and being in the westerly line of said 1..17 acre tract;. THENCE, North 02 °35'47" West, In distance of 57.00 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 3 and said 1.17 Acre tract to a found. 5/8 -inch iron rod with cap at the southwesterly corner of Lot 4 of said Vann - Johnson Subdivision, being the northwesterly corner of said Lot 3; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 4, being the northerly line of said Lot 3 to a found 518 -inch iron rod with cap in the westerly line of said 50' Road, being the southeasterly corner of Said Lot 4, same being the nortlielsterly coiner of said Lot 3, and being in the easterly line of said 1.17 acre tract; THENCE, South 02 °35'47" East, .n distance of 57.00 feet, along the westerly; line of said 50' Road, being the easterlY line of. said Lot 3 and skid 1.17 acre tract to the Point of Beginning and containing 0.196 of an acre of land. Horizontal Control is based on holding City of Huntsville . Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780.255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances slhown are US Survey Feet in "Field ITorizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor',of 0.99988. 1 Plat of even date accompanies this description. Prepared by: GcoSolutions, LLC. 25814 Budde Road Spring, Texas Tel. 281- 681 -9766 Job No. 11 -249 -027 !,,2—L111,31 STEPHEN M. CHRUSZCZAK LEGEND © WATER WELL • FOUND MONUMENTTION (TYPE NOTED) ® METER BOX —P— POWER LINES —//— FENCE 1/1 EDGE OF ASPHALT to N to Ls c73 wz: o Q� of W : LOT 4 -1-`,11 �' ��q ~ i 10B.L PER PLAT FND.5jIR. ____N8_7'24'13 "_E _ ___ L NE w/CAP 150.16' .LOT LINE 3'X6' STEPS c CLEA1 OUT '4-- FIRE ',HYDRANT D WATER VALVE DEED' RECORDS WALKER COUNTY, TEXAS OFFIGtIAL PUBLIC RECORDS WALKER .COUNTY, TEXAS PLAT! RECORDS WALKER COUNTY, TEXAS D.R.W.C.T. 0.P.R.W.C.T. P.R,W.C.T. rW fi, ,iii 0 15 30 SCALE: 1" = 30' 10' 6.L. PER PLAT 0.196 ACRES 1 �� (8,559 SQ. FT.) LOT3 all VL_ -- 70'B.LPER1PLAT —Li SETS /8 "l.R. M W "GS "CAP "N mI vl 1 —STORY BRICK BUILDING 587'24'13 "W 1_40.16' 10' B.L PER PLAT LOT 2 VANN- JOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that this survey was made . on the ground and completed on November 9, 2012 that this drawing correctly represents the facts found; at the time of survey and that this professional i service substantially conforms to the current Texas Society of Professional Surveyors Stondords and Specifications for a Category 1B. Condition 11 Survey. __ / /Z //a St pt efi M. .Chrusz ok R.P.L.S. No. 5937 NOTES: 1. This survey was performed without the bens it of a Title Commitment. 2. Horizontal Control is based on holding City of Huntsville - Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & ast= 3,802.009.473) and 7575 (grid coordinate of 'North = 110,262,526.24 & East= 3.801,760.255). Bearings' described, are relotedlto the Texas Coordinote System of 1983, Central .Zone. Distances shown are US Survey Feet in "Field Horizontol" units and may be con+rted to "GRID" units by multiplying by o combined scale factor bi f 0.99988. 3. Square footage totals shown hereon ore based on1 mathematical closures and do not necessarily represent the position ;ol accuracy of the boundary monumentotion. LOT LINE U 0 0. 314' FND.3 6R. 25' 9.L PER PLAN 60 4 z ERVICE POLE ENDS /8 "I.I W /CAP W i*ON O8o 11) to CONC. SERVI POLE CALLED 50' R40 PT. RESIDUE GIBBS BROS, & CO. (AO VOLE85.TRACT PAC£19) 61 D.R.W.C.T. ASBUILT SURVEY OF LOT 3 OF VANN — JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS. 25814 Budde Rood Spring, Texas 77380 Phone: 281- 681 - 9768'- Fox: 281- 681 -9779 or""hy sy KC oulo 11 /12/12 seao1 Chookod ey SC r.s.: N /A. 1 " =30' Protect No. aroJYp Noma ANOa/K4 No. 11 -249 -027 LOTS— ASB.OWG N/A AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711 -3941 LOAN NO.: 77099912610c ESCROW NO.: 201306627 TITLE NO.: 201306627 Return to: WALKER COUNTY TITLE COMPANY 1109 UNIVERSITY AVENUE HUNTSVILLE, TEXAS 77340 GF# 2D/ 3- [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: JANUARY 09, 2014 Grantor: KAREN JACKSON, A SINGLE PERSON Grantor Mailing Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Trustee: Timothy K. Irvine of Travis County, Texas Trustee's Mailing Address: P.O. Box 13491; Austin, Texas 78711 Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA "). Beneficiary's Mailing Address: 221 East 11th Street Austin, Travis County, Texas 78701 NSP Deferred Forgivable Subordinate Lien (Note): Date: Of even date herewith. Original principal amount: TWENTY EIGHT THOUSAND ONE HUNDRED NINETY SEVEN AND 00 /100 Maker: KAREN JACKSON ($ Dollars 28,197.00 ) Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA "). Maturity date: FEBRUARY 01, 2024 LOAN NO.: 77099912610c TDHCANSPDOTHBA Initials Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 1 of 9 ORIGINAL Terms of Payment: As provided therein Property: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Prior Liens: Date: JANUARY 09, 2013 Grantor: KAREN JACKSON, A SINGLE PERSON Trustee: Timothy K. Irvine of Travis County, Texas Amount: SIXTY THREE THOUSAND THREE HUNDRED THREE AND 00 /100 Dollars ($ 63,303.00 Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") 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). 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; LOAN NO.: 77099912610c TDHCANSPDOTHBA Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 2 of 9 ORIGINAL Initials K 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 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: LOAN NO.: 77099912610c TDHCANSPDOTIIBA Initials Form - TDHCAD3 -6649 (Ver. 10.1013) Page 3 of 9 ORIGINAL 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. I-Iazard 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 immediately prior to the acquisition. LOAN NO.: 77099912610e TDHCANSPDOTHBA Initials Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 4 of 9 ORIGINAL K1_ 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.: 77099912610c TDHCANSPDOTHBA Initials J FOTM - 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 TIIE 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.: 77099912610c TDHCANSPDOTHBA Form - TDHCAD3 -6649 (Ver. 10 -2013) Initials K V 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 Enviromnental 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 hill 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.: 77099912610c TDHCANSPDOTHBA Form - TDHCAD3 -6649 (Ver. 10 -2013) Initials �J 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 tern 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]: 0 Adjustable Rate Rider D Condominium Rider 0 Second Home Rider ❑ Balloon Rider El Planned Unit Development Rider ❑ Assumption Rider ❑ 1 -4 Family Rider • Other(s) [specify]: ❑ Biweekly Payment Rider ❑ Inter Vivos Trust Rider LOAN NO.: 77099912610c TDHCANSPDOTHBA ForID - TDHCAD3 -6649 (Ver. 10 -2013) Page 8 of 9 ORIGINAL Initials K GRANTOR: KaAM'\ Borrower KAREN JACKSON Date Borrower Date Borrower State of TEXAS County of WALKER Date Borrower [Space Below This Line For Acknowledgment] Date Before me, a Notary Public, on this day personally appeared KAREN JACKSON 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 the same for the purposes and consideration therein expressed. Given under m, nd and seal of office this 14 T %Sei#l) (P147 -E My Commis44,rf#5�t PREPARED BY: JOHN HAY HAY DARBY PLLC, ATTORNEYS 402 WEST 7TH STREET AUSTIN, TEXAS 78701 AT LAW Mortgage Loan Orignator's Organization: LOAN NO.: 77099912610e TDHCANSPDOTHBA Form - TDHCAD3 -6649 (Ver. 10 -2013) /3 day of 6- it_ .La_LL that he executed , A.D. Fe,' AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711-3941 Return Record Attention: Connie Nunley TEXAS DEPARTMENT OF IIOUSING AND COMMUNITY AFFAIRS Page 9 of 9 ORIGINAL METES AND BOUNDS DESCRIPTION of Lot 3 of Vann- Johnson Subdivisionn, - Iuutsyille, 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 3 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 are of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the westerly line of that.certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.),, being the northeasterly corner of Lot 2 of said Vann - Johnson Subdivision, same being the southeasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract, from which a found 5/8, inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 87 °24'13" West, al distance of 150.16 feet, along the northerly line of said Lot 2, being the southerly line of said Lbt 3 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 ilecords, being the northwesterly corner of said Lot 2, same being the southwesterly Lot 3, and being in the westerly line of said 1..17 acre tract;. ' THENCE, North 02 °35'17" West, 'la distance of 57.00 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 3 and said 1.17 acre tract to a found. 5/8 -inch iron rod with cap at the southwesterly corner of Lot 4 of said Vann- Johnson Subdivision, being the northwesterly corner of said Lot 3; i THENCE, North 87 °24'13" East, a distancenof 150.16 feet, along the southerly line of said Lot 4, being the northerly line of said Loit 3 to a found 5/8 -inch iron rocl with cap in the westerly line of said 50' Road, being the southeasterly. corner of said Lot 4, same being the inortheasterly corner of said Lot 3, and being in the easterly line of said 1.17 acre tract; THENCE, South 02 °35'47" East, . distance of 57.00 feet, along the westerly, line of said 50' Road, being the easterly line of said Lot 3 and s'id 1,17 acre tract to the Point of Beginning and containing 0.196 of an acre of ]and. Horizontal Control is based on iholding City of Huntsville . Monuments No. 7574 (grid coordinate of North = 10,262,485.31 i& 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: GcoSolutions, LLC 25814 Budde Road 1 Spring, Texas Tel. 281 -681 -9766 Job No. 11 -249 -027 1 1 .,\T-L-5 l5jl ° " " c EI1'' __o' LEGEND WATER WELL FOUND MONUMENTTION (TYPE NOTED) (31 METER BOX —P— POWER LINES —1/— FENCE /// EDGE OF ASPHALT ckt yRV p 10 END .57.-3"1.R. W /CAP CD 0 D.R.W.C.T. 0.P.R.W.C.T. P.R.W.C.T. CLEAN OUT FIRE 'HYDRANT WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER .COUNTY, TEXAS PLAT! RECORDS WALKER COUNTY, TEXAS LOT 4 10' B.L. PER PLAT I N87 24'13 "E I 150.16' 10' 6:L. PER' PLAT 15 30 SCALE: 1" = 30' 1 El ACRES (8,559 SQ. FT.) ;21 LOT 3 tit L SE ..5 /8 "LR. W "GS 'CAP 10' B.L. PERiPLAT LOT LINE 3 a'6" —STEPS 31.6' 1 —STORY BRICK BUILDING 68.72.1-'13-W 1 _40.16' 10 8.L PER PLAT P; l LOT 2 I .vANN- JOIlISON A I SUBDIVISION I . VOL. 5, PG. 81 P.R.W.C.T. SURVEYOR'S CERTIFICATE 1 hereby certify to The City of Huntsville thot this survey was made . on the ground and completed on November J, 2012 that this drawing correctly represents the facts found; at the time of survey and that this professional i service substantially conforms to the current Texas Society of Professional Surveyors Standards and Specifications I for o Category 1B. Condition II Survey. St(phEfi M. Chrusze ak R.P.LS. No. 5937 NOTES: 1. This survey was performed without the benefit of a Title Commitment. 2. Horizontol Control is bosed on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10.262.465.31 R:ast= 3,602.009.473) and 7575 (grid coordinate of 'North = 110,262;526.24 East= 3.801,760.255). Bearings described, are relatedito the Texas Coordinate System of 1983. Central Zone, Distances shown are US Survey Feet in 'Field Horizontol" units and may be conxerted to "GRID" units by multiplying by a combined scole factor of 0.99986. 3. Squore footage totals shown hereon are based on mathemoticol closures and do not necessarily represent the posltion'ol accuracy of the boundary monumentotion. 60 ✓ 0 pc ` ERE CE `- FND.5 /81.R W /CAP I Is. , o ` 002 ILA to o I "• of 31.5 `• FND -3 1:R. _j - PO POLLE E' 0 1) CONC.�' /c CALLED '60' ROJD PT_ RESIDUE GIBBS' BROS. k CO. (ADICKES. TRACT 9) PAGE 161 D.R:IKC.T, I ASBUIL'T SURVEY OF LOT 3 OF VANN - JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS S;olutions LLC 25814 Budde Rood Spring, Texas 77380 Phone: 281-681-9766 Fax: 281- 681 -9779 or",.n9 ay KC ... -11 /12/12 Gnrkod ey. SC r,e.: N/A P.oIccl N. OroS1 o Noma ..3/RU No. 11 -249 -027 LOT3— ASB,DWG N/A AMORTIZATION SCHEDULE BORROWER: Karen Jackson LOAN NUMBER: 77099912610c LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN AMOUNT: $28,197.00 Payment Date P & I Payment Princiapl Balance 1/1/2015 $2,819.70 $2,819.70 $25,377.30 1/1/2016 $2,819.70 $2,819.70 $22,557.60 1/1/2017 $2,819.70 $2,819.70 $19,737.90 1/1/2018 $2,819.70 $2,819.70 $16,918.20 1/1/2019 $2,819.70 $2,819.70 $14,098.50 1/1/2020 $2,819.70 $2,819.70 $11,278.80 1/1/2021 $2,819.70 $2,819.70 $8,459.10 1/1/2022 $2,819.70 $2,819.70 $5,639.40 1/1/2023 $2,819.70 $2,819.70 $2,819.70 1/1/2024 $2,819.70 $2,819.70 $0.00 END OF AMORTIZATION SCHEDULE SURVEY AND TITLE LETTER I/We 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. I/We 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 I /we 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 IIEREBY 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, UWE HAVE BEEN MADE AWARE OF THE FOLLOWING SPECIFIC CONDITIONS AFFECTING THE ABOVE - DESCRIBED PROPERTY AND .UWE DO HEREBY AGREE, INDEMNIFY AND IIOLD 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 NONE EXECUTED this — day of BORROWER: KAREN JACKSON LOAN NO.: 77099912610c TDHCANSPSURVEY Form - TDHCASVY -1193 (Ver. 11 -2013) 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 24A03) for 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 dated JANUARY 09, 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. orrower KAREN JACKSON l 13 —Pi Date Borrower Date Borrower Date Borrower Date ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF WALKER Before me, this instrument was signed and acknowledged on KAREN JACKSON (3 ZO/ / by (SEAL) LOAN NO.: 77099912610c TDHCANSPOCCUPAN Form - TDHCAOCC -1989 (Ver. 09-2013) Nota, Public .tate of Texas My Commission Expires: ORIGINAL [Typed / Printed Name] 2c4 TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): KAREN JACKSON Property Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099912610c 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 $10,000. I /We, the undersigned home loan applicant(s), represent that I /we have received, read, and understand this notice of penalties for making a materially false or misleading written statement to obtain a home loan. I /We represent that all statements and representations contained in my /our written home loan application, including statements or representations regarding my /our identity, employment, annual income, and intent to occupy the residential real property secured by the home loan, are true and correct as of the date of loan closing. I/We hereby acknowledge that at the closing of the loan that Uwe received, read, and executed this written Notice. I /Yl Borrower KAREN JACKSON STATE OF TEXAS , *"�` 0 1 .. Y' ±� COUNTY OF WALKER.isf§)..'i, PU���C'• This instrument was adcnc vle. -- ; fore ne an KAREN JACKSON S „$? My commission expires: Zo/V GC1i ,by IATE 00, , % 'o. • • EXP1Ex�u • • 4� �/ • 0.'\a° C so / %rll,fdl t4-, \�a4 Nota , ublic t to of TEXAS JUG AA'I) a, 4/ (Seal) Penalty Disclosure Form - TXFRAUDI -4701 (Ver. 011 -2012) ORIGINAL Notary's%I'yped or Printed Name TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): KAREN JACKSON Property Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099912610c 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 Uwe received, read, and executed this written Notice. Borrower KAREN JACKSO STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on KAREN JACKSON �ti��oj $ lj #01000 "J .�a ; (Seal) ST Zt�'� . °' ,,p /�.lf ° °.� X1+4 •\ Penalty Disclosure A"0t000441AO\a` Form - TXFRAUD 1-4701 (Ver. 011.2012) ORIGINAL My commission expo A ,I /3 , by Not ublic, State of TEXAS liDI A7blit)l /lOiuti red Notary's typed or Printed Name Debtor: KAREN JACKSON Collateral: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Loan No: 77099912610c 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. KAREN JACKSON - Borrower - Borrower - Borrower - Borrower COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) Form - TXCOLLAT -0378 (Ver. 11 -2012) ORIGINAL NOTICE REGARDING FLOOD INSURANCE COVERAGE Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: JANUARY 09, 2014 Loan No.: 77099912610c Borrower: KAREN JACKSON Property Address: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 We may assign, sell, or transfer the servicing of your mortgage loan. Your new lender /servicer may require more flood insurance coverage than the minimum arnount 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 arnount required at the time of closing your loan versus what subsequently the new lender /servicer may require. Borrower KAREN JACKSON I -f3 -/ Date Borrower Date Borrower Date Borrower Date Flood Insurance Notice Form - FLOODDIS -6132 (Ver. 11 -2011) ORIGINAL BORROWER'S ACCEPTANCE OF PROPERTY BORROWERS: KAREN JACKSON PROPERTY ADDRESS: 121 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 WE, THE UNDERSIGNED PURCHASERS OF THE ABOVE REFERENCED PROPERTY, DO HEREBY ACCEPT THE PROPERTY IN ITS AS IS CONDITION. f- 1 3-- I'll Borrower Date Borrower Date KAREN JACKSON Borrower Date Borrower Date LOAN NO.: 77099912610c Borrower's Acceptance of Property Form - PROPACPT -6299 (Ver. 05 -2009) ORIGINAL