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WALKER COUNTY TITLE COMPANY
1109 UNIVERSITY AVENUE
HUNTSVILLE, TEXAS 740
OF, #',/3 _C' 2, (9--0
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: MAY 20, 2013
Grantor: KAREN SULEMON, A SINGLE PERSON
Grantor's Mailing Address: 293 WATKINS STREET, HUNTSVILLE, TX 77320
Trustee: Timothy K. Irvine of Travis County, Texas
Trustee's Mailing Address: P.O. Box 13491
Austin, Travis County, Texas 78711
Beneficiary TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official
agency of the State of Texas.
Beneficiary's Mailing Address: 211 East llth Street
Austin, Travis County, Texas 78701
NSP Deferred Forgivable Subordinate Lien (Note):
Date: Of even date herewith.
Original principal amount: One Thousand Seven Hundred Twenty And Twelve /100 Dollars ($1,720.12)
Maker: KAREN SULEMON
Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official
agency of the State of Texas
Maturity date: JUNE 01, 2018
Terms of Payment: As provided therein
Property: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES.
Prior Liens:
TDHCANSPDOTI -BA Page 1 of 9
Date: 5/20/2013
Grantor: KAREN SULEMON
Trustee: TIMOTHY K. IRVINE
Amount: $80,773.00
Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
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;
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;
TDHCANSPDOTHBA Page 2 of 9
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:
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:
TDHCANSPDOTHBA Page 3 of 9
a. expenses of foreclosure, including a reasonable commission to Trustee;
b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid;
c. any amounts required by law to be paid before payment to Grantor; and
d. to Grantor, any balance; and
4. be indemnified by Beneficiary against all costs, expenses, and liabilities incurred by Trustee for acting in
the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other
costs, including attorney's fees, incurred by Trustee in defense of any action or proceeding taken against
Trustee in that capacity.
D. General Provisions
1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to
the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject
to an action for forcible detainer.
2. Recitals in any trustee's deed conveying the Property will be presumed to be true.
3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not
constitute an election of remedies.
4. This lien will remain superior to liens later created even if the time of payment of all or part of Note is
extended or part of the Property is released.
5. Application of Payments. If any portion of Note cannot be lawfully secured by this Deed of Trust,
payments will be applied first to discharge that portion. Unless applicable law provides otherwise,
payments will be applied next, to principal due; third, to interest due; and last, to any late charges due
under the Note.
6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be
exercised by successors in interest of all parties.
7. Hazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the
improvements now existing or hereafter erected on the Property insured against loss by fire, hazards
included within the term "extended coverage" and any other hazards, including floods or flooding, for
which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain
coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect
Beneficiary's rights in the Property in accordance with paragraph 9.
Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal
shall not extend or postpone the due date of the annual payments referred to in Note. If under part B,
"Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's
right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition
shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust 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 principal of the debt
TDHCANSPDOTHBA Page 4 of 9
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.
14. Purchase Money; Vendor's Lien. Grantor represents that this Deed of Trust and Note are given for the
following purposes:
TDHCANSPDOTHBA Page 5 of 9
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 vendor's lien retained in the deed of even date with this
Deed of Trust executed by CITY OF HUNTSVILLE conveying the Property to Maker, which vendor's
lien has been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien.
The vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the
vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative.
Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose
under both
15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR
CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES
WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN
BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE
AND DEMAND FULL PAYMENT OF THE BALANCE OF ALL PRINCIPAL AND INTEREST
REMAINING DUE THEREON. If the Property is residential, real property containing fewer than five
(5) dwelling units or a manufactured home occupied by Grantor, exceptions to this provision are limited to:
(a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b)
creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or
operation of law on the death of a co- Grantor; (d) grant of a leasehold interest of three years or less without
an option to purchase; (3) transfer to a spouse or children of Grantor or between co- Grantors; (f) transfer to
a relative of Grantor on Grantor's death; and (g) transfer to an inter vivos trust in which Grantor is and
remains a beneficiary and occupant of the Property. The restriction on the transfer of Property will
automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure,
or if the mortgage is assigned to the Secretary of the U. S. Department of Housing and Urban Development
in accordance with 24 C.F.R. §203.41.
16. Loan Not a Home Equity Loan. The Loan evidenced by Note is not an extension of credit as defined by
Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as
Maker's residence, then Maker agrees that Maker will receive no cash from the Loan evidenced by Note
and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete
construction, or renew and extend a prior lien against the Property, will be used to reduce the balance
evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's
option. Maker agrees to execute any documentation necessary to comply with this Section.
17. Occupancy, Preservation, Maintenance and Protection of the Property.
GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR
BELOW FIFTY PERCENT (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
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
TDHCANSPDOTHBA Page 6 of 9
18. Hazardous Substances. Grantor shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Grantor shall not do, nor allow anyone else to do,
anything affecting the Property that is in violation of any Environmental Law. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property.
Grantor shall promptly give Beneficiary written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Grantor has actual knowledge. If Grantor learns, or
is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Grantor shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and
laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection.
19. Waiver of Notice of Intention to Accelerate. Grantor waives the right to notice of intention to require
immediate payment in full of all sums secured by this Deed of Trust and the right to notice of acceleration,
except in either case as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights."
20. Substitute Trustee. Beneficiary, at its option and with or without cause, may from time to time remove
Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed
hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power
and duties conferred upon Trustee herein and by applicable law.
21. Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall have the right to have
enforcement of this Deed of Trust discontinued at any time prior to the earlier of: (a) 5 days (or such other
period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power
of sale contained in this Deed of Trust; or (b) entry of a judgment enforcing this Deed of Trust. Those
conditions are that Grantor: (a) pays Beneficiary all sums which then would be due under this Deed of
Trust and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to,
reasonable attorneys' fees; and (d) takes such action as Beneficiary may reasonably require to assure that
the lien of this Deed of Trust, Beneficiary's rights in the Property and Grantor's obligation to pay the sums
secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of
Trust and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under part B, "Beneficiary's
Rights" and part C, "Trustee's Rights."
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.
TDHCANSPDOTHBA Page 7 of 9
25. When the context requires, singular nouns and pronouns include the plural.
26. If Grantor and Maker are not the same person, the term Grantor shall include Maker.
27. 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.
28. 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.
29. "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
r.i Adjustable Rate Rider
ri Balloon Rider
fir': 1 -4 Family Rider
C,J Condominium Rider
fir; Planned Unit Development Rider
ri Biweekly Payment Rider
(.r Second Home Rider
Sri Renewal & Extension Addendum
rr Other(s) [specify]
GRANTOR:
(Seal)
EN SULEMON - Borrower
TDHCANSPDOTHBA Page 8 of 9
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
State of TEXAS
[Space Below This Line For Acknowledgment]
County of WALKER §
Before me, a Notary Public, on this day personally appeared KAREN SULEMON known to me (or proved to
me on the oath of or thr
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed t
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of
(Seal)
My Commission Expires:
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jaa ••vB PUe�CrOy °: • •
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PREPARED BY:
Title of Offic
AFTER RECORDING RETURN TO:
BLACK, MANN & GRAHAM,S.L1:P. a>, ° lir. Texas Department of Housing and Community Affairs
2905 CORPORATE CIRCLE NSP Program Division
qor'
•'• •fXPIRPe:•' ��
FLOWER MOUND, TX 75028 ° ° P.O. Box 13941
(972)- 353 -4174 // /q /8 �o: 1� ��No', Austin, Texas 78711 -3941
ATTN: SHIRLEY SMITHAM
TDHCANSPDOTHBA Page 9 of 9
METES A.ND BOUNDS DESCRIPTION of
293 Watkins Road, Huntsville, Texas
Being a 0.1628 of an acre (7,090 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of those certain tracts of land described in
Volume 2.10, Page 518 and. Volume 315, Page465 of the Deed Records of Walker County, Texas
(D.R.w.C.T.); said 0.1628 of an acre of land being more particularly described by tnetes and
bounds as follows:
BEGINNING at a found 1/2 -inch iron rod found in the west line of that certain tract of land
conveyed to Willie and Diann Wilmore by deed recorded in Volume 526, Page 55 of said Deed
Records, being in the southerly occupied line of Watkins Road. (width varies) no record
informatioln. found);
THENCE, South 00 °23'48" East, a distance of 50.00 feet, (called South 00 °25'40" East,
50.00 .feet) along the westerly line of said Wilmore tract; to a found 1/2 -inch iron rod for the
northeast corner of that certain tract of land 'convey to Rendie Edwards by deed recorded in
Volume 169, Page 334 of said Deed Records;
THENCE, North 82 °38'30" West, a distance of 155,71 feet, (called North 82 °39'07" West)
along the north line of said Edwards tract, at a distance of 106.68 feet passing a found 1/2-inch
iron pipe found for the northwest corner of said Edwards tract, and continuing to a set 5/8 -inch
iron rod with "GS" cap set in the easterly line of that certain tract of land conveyed to Mineola
Crooks, by deed recorded in Volume 159; Page 521 of said Deed Records;
THENCE, North 23 °29'34" East, a distance of 50.00 feet, along the easterly line of said
Crooks tract to a set 5/8 -inch iron rod with "GS" cap in the southerly line of Watkins Road;
THENCE, South 83 °16'59 ":.East, a distance of .1.35.08 feet (called South 82 °39'07" .East),
along the southerly line of Watkins .Road to the.Peitit of Beginning and containing 0.1628 of ail
acre (7,090 square feet) tract of land.
Horizontal Control is based on holding City of Huntsville Monuments No. 6914 (grid
coordinate of North = 10,261,018.90 &.East= 3,802,182.55.) and 7120 (grid coordinate Of North =
10,260,833.15 & East= 3,802,.182.77). Bearings described are related. to the Texas Coordinate
System of 1983, Central Zone. :Distances shown are US Survey Feet in' "Field Horizontal" units
and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988.
Plat of even date accompanies this description.
Prepared by:
GeoSolutions, LLC
258.[4 Budde Road
Spring, Texas
Tel. 281. - 68.1. -9766
Job No. 12-249 -030
EXHIBIT "A"
PAGE L OF l
Texas Neighborhood Stabilization Program (NSP)
Homebuyer Assistance
Deferred Forgivable Subordinate Lien Note
( "Note ")
Date: MAY 20, 2013
Borrower: KAREN SULEMON
Borrower's Mailing Address: 293 WATKINS STREET
HUNTSVILLE, WALKER County, TX 77320
Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency
of the State of Texas ( "TDHCA ")
Lender's Mailing Address: 211 East 11th St., Austin, Texas 78701
P.O. Box 13941, Austin, Texas 78711 -3941
PROPERTY (which includes the real property and improvements thereon):
293 WATKINS STREET
[Property Address]
HUNTSVILLE WALKER TX 77320
[City] [County] [State] [Zip]
more specifically described as,
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES.
[Legal Description]
hereinafter referred to as "Property."
1. BORROWER'S PROMISE TO PAY
Borrower promises to pay U. S. One Thousand Seven Hundred Twenty And Twelve /100 Dollars
( "$1,720.12 ") ( "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
Twenty percent (20 %) per annum
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 5 equal annual installments of Three Hundred Forty -Four And Two /100 Dollars
($344.02) each year beginning JUNE 01, 2014 (the "First Anniversary"), and shall continue annually until
JUNE 01, 2018, the expiration of 5 years ( "Maturity Date "). At Maturity Date, the unpaid and un- forgiven
amounts owing under this Note shall be due and payable in full. Each payment installment will be applied first
TDHCANSPNOTEHBA Page 1 of 5
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 20% 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- 3941or 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) the note executed by Borrower made payable to TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS( "First Lien Lender "), in the amount of $$80,773.00, of even date with this
Note, hereinafter the "Superior Lien Note(s)" is paid in full upon its maturity and according to its
terms; or
(b) 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) 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 24 CFR
§92.254. Net Proceeds of a sale are the sales price of Property minus the closing costs, any superior lien loan
repayment and any other necessary transaction costs. If the Net Proceeds are insufficient to repay the
outstanding balance of the Note in full and Borrower's investment (which includes any portion of initial down
payment paid by Borrower combined with the value of any capital improvements made with Borrower's funds),
the Borrower's investment is paid in full first from the available proceeds from the re -sale and the Note is repaid
TDHCANSPNOTEHBA Page 2 of 5
to the extent that proceeds are available, but only in the event the mortgaged property was sold for an amount
not less than the current appraised value as then appraised by the appropriate governmental authority without
the consent of Lender. If there are no Net Proceeds and the mortgage property was sold for an amount not less
than the current appraised value as then appraised by the governmental authority, repayment of the Note is not
required.
4. BORROWER'S RIGHT TO PREPAY
Borrower has the right to make payments of principal at any time before they are due. A payment of principal
only is known as a "prepayment."
Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. The
Note Holder will use all of the prepayments to reduce the amount of principal that Borrower owes under this Note.
If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the payment
unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES: NO USURIOUS INTENT
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (ii) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
The Note Holder may choose to make this refund by reducing the principal owed under this Note or by making a
direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Default
If Borrower does not make the full amount of the annual payment on the date said annual installment
payment is due, Borrower will be in default. Additionally, Borrower will be in default under this NSP Deferred
Subordinate Lien Note:
(i)
if Borrower fails to perform any obligation required of Borrower under the deed of trust securing this
Note or takes any action prohibited under the deed of trust securing this Note,
(ii) if any representations made by Borrower in connection with this loan was false in any material respect
when made, or
(iii) if any default occurs under the Superior Lien Note(s) described herein or under the deed of trust
securing said Superior Lien Note(s).
Any default under the NSP Subordinate Deed of Trust securing this Note shall be deemed to be a default
under this Note.
(B) Notice of Default
If Borrower is in default, the Note Holder may send Borrower a written notice telling Borrower that if
Borrower does not pay the overdue amount by a certain date, the Note Holder may require Borrower to pay
immediately the full amount of principal which has not been paid. That date must be at least 30 days after the
date on which the notice is delivered or mailed to Borrower.
(C) No Waiver By Note Holder
TDHCANSPNOTEHBA Page 3 of 5
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 Eighty Thousand Seven Hundred Seventy -Three And No /100 Dollars ($80,773.00), dated 5/20/2013
and executed by KAREN SULEMON, payable to the order of TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS.
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, Trustee, for the benefit of Lender, upon and against the
Property.
TDHCANSPNOTEHBA Page 4 of 5
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.
aAl.A-);dt41(
EN SULEM N
KAREN
TDHCANSPNOTEHBA Page 5 of 5
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
METES AND BOUNDS DESCRIPTION of
293 Waticins Road, .Huntsville, Texas
Being a 0.1628 of an acre (7,090 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of those certain tracts of land described in
Volume 210, Page 518 and. Volume 315, Page 465 oldie Deed Records of Walker County, Texas
(D.R.W.C.T.); said 0,1628 of an acre of land being more particularly described by metes and
bounds as follows;
BEGINNING at a found 112 -inch iron rod found in the west line of that certain tract of land
conveyed to Willie and Diann Wilmore by deed. recorded in Volume 526, Page 55 of said Deed
Records, being in the southerly occupied line of Watkins Road. (Width varies) (no record
information found);
THENCE, South 00 °23'48" East, a distance of 50.00 feet, (called South 00 °25'40" East,
50,00 .feet) along the westerly line of said Wilmore tracts to a found 1/2 -inch iron rod for the
northeast corner of that certain tract of land 'convey to Rendie Edwards by deed recorded in
Volume 16.9, Page 334 of said Deed Records;
THENCE , North 82 °38'30" West, a distance of 155.71 feet, (called North 82 °39'07" West)
along the north line of said Edwards tract, at a distance of 106.68 feet passing a found 1/2 -inch
iron pipe found for the northwest corner of said Edwards tract, and continuing to a set 5/8 -inch
iron rod with "GS" cap set in the easterly line of that certain tract of land conveyed to Mineola
Crooks, by deed recorded in Volume 159, Page 521 (*aid. Deed Records;
THENCE, North 23 °29'34" East, a distance of 50.00 feet, along the easterly line of said
Crooks tract to a set 5/8 -inch iron rod with "GS" cap hi the southerly line of Watkins Road;
THENCE, South 83 °16'59 ".East, a distance of 1.35,08 feet (called South 82 °39'07" .East),
along the southerly line of Watkins .Road to the.Point of Beginning and containing 0.1628 of an
acre (7,090 square feet) tract of land,
Horizontal Control is based on holding City of Huntsville Monuments No 69:14 (grid
coordinate of North = 10,261,018.90 &.East= 3,802,182.55) and 7120 (grid coordinate of North =
10,260,833.15 & East= 3,802,182.77). Bearings described are related_ to the Texas Coordinate
System of 198.3, Central. Distances shown are US Survey Feet in "Field Horizontal" writs
and may be converted to "GRID" units by multiplying by a coinbired scale 'factor of 0.99988.
Plot of even date accompanies this description.
Prepared by:
GeoSolutions, LLC
25814 Brrdtle Road
Spring, Texas
Tel, 281- 68.1. -9766
Job No. 12-249-030
EXHIBIT "A"
PAGE _ OF 1
Applicants /Borrowers: KAREN SULEMON
Property Address: 293 WATKINS STREET, HUNTSVILLE, TX 77320
Loan No: 77099991265B
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.
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KA EN SULE ON
STATE OF ( TEXAS )
COUNTY OF ( WALKER )
This instrument was befor
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TXPENALTYB1 Page 1 of 1
Applicants /Borrowers: KAREN SULEMON
Property Address: 293 WATKINS STREET, HUNTSVILLE, TX 77320
Loan No: 77099991265B
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.
REN SULE
ON
STATE OF ( TEXAS )
COUNTY OF ( WALKER) 2
This instrument was acknowledged before me on �1 /3 by KAREN SULEMON .
Notary's ped or p ed name:
Notary Pu �4'ic, State f TEXAS U/) t
l kW/ T�,�jttre
(Seal)
My commission expire
TXPENALTYB1 Page 1 of 1
Form W -9
(Rev. December entoftheTre
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give form to the
srequestor. Do end to the IRS. of
Print or Type
See Specific Instructions on
page 2
Name (as shown on your income tax return)
KAREN SULEMON
Business name /disregarded entity name, if different from above
Check appropriate box
Classification (required): 1'"i Individual /Sole proprietor r C Corporation rj S Corporation 17 Partnership
rj Limited liability company. Enter the tax classification (C =C corporation, S =S Corporation, P= partnership)
Other (see Instructions) ■
ri Trust/estate
■
j"—f Exempt payee
Address (number, street, and apt, or suite no.)
293 WATKINS STREET
Requestor's name and address (optional)
City, state, and ZIP code
HUNTSVILLE, TX 77320
List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number
to enter.
Part 1I
Social Security number
456 -27 -2462
Employer identification number
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest
paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally,
payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on
page 4.
Sign
Here
Signature of
U.S. Person
.0_.ijNl1J
General Instructions '
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation of
debt, or contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business is
not subject to the withholding tax on foreign partners' share of effectively
connected income.
Note. If a requester gives you a form other than Form W -9 to request your
TIN, you must use the requester's form if it is substantially similar to this
Form W -9.
Date ►
d -- 20/3
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a
withholding tax on any foreign partners' share of income from such
business. Further, in certain cases where a Form W -9 has not been
received, a partnership is required to presume that a partner is a foreign
person, and pay the withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W -9 to the partnership to establish your
U.S. status and avoid withholding on your share of partnership income.
The person who gives Form W -9 to the partnership for purposes of
establishing its U.S. status and avoiding withholding on its allocable
share of net income from the partnership conducting a trade or
business in the United States is in the following cases:
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X
Fonn W -9 (Rev. 1 -2011)
Please give this letter to borrower at closing.
MAY 20, 2013
KAREN SULEMON
293 WATKINS STREET
HUNTSVILLE, TX 77320
Re: Loan Number 77099991265B
Dear KAREN SULEMON:
The Texas Department of Housing and Community Affairs would like to welcome you as a new customer.
Your first payment on your mortgage loan will be due JULY 01, 2013. 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: 77099991265B
Payment Due Date: JULY 01, 2013
Borrower Name: KAREN SULEMON
Mortgage Loan Payment: Principal & Interest: $224.37
Escrow: $210.56
Total Payment: $434.93
TDHCANSPPAYLTR Page I of I
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 293 WATKINS STREET, HUNTSVILLE
WALKER County, TX 77320 dated MAY 20, 2013. 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.
- Borrower - Borrower
- Borrower - Borrower
- Borrower
- Borrower
ACKNOWLEDGEMENT
THE STATE OF TEX S
COUNTY OF
Be or me, this
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(SEAL)
instrumen o tiN�� 4-4 and acknowledged on
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THE STATE OF TEXAS
COUNTY OF
Before
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My Commission Expires:
me, this instrument was signed and acknowledged
(SEAL)
TDHCANSPOCCUPAN Page 1 of 1
[Typed / Printe Name]
-2 --
on , 20 by
Notary Public, State of Texas
My Commission Expires:
[Typed / Printed Name]
Return to:
WALKER COUNTY E COMPANY
NY
1109 UNIVERSITY
HUNTSVILLE, TEXAS 77340
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: MAY 20, 2013
Grantor: KAREN SULEMON, A SINGLE PERSON
Grantor's Mailing Address: 293 WATKINS STREET, HUNTSVILLE, TX 77320
Trustee: Timothy K. Irvine of Travis County, Texas
Trustee's Mailing Address: P.O. Box 13491
Austin, Travis County, Texas 78711
Beneficiary TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official
agency of the State of Texas.
Beneficiary's Mailing Address: 211 East 11th Street
Austin, Travis County, Texas 78701
NSP Purchase Money Promissory Note (Note):
Date: Of even date herewith.
Original principal amount: Eighty Thousand Seven Hundred Seventy -Three And No /100 Dollars
($80,773.00)
Maker: KAREN SULEMON
Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official
agency of the State of Texas
Maturity date: JUNE 01, 2043
Terms of Payment: As provided therein
Property: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES.
Prior Liens: N/A
TDHCANSPDOTPMF Page 1 of 9
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;
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.
TDHCANSPDOTPMF Page 2 of 9
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:
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
TDHCANSPDOTPMF Page 3 of 9
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 amounts payable for taxes
and insurance escrow under this part D, paragraph 27 and last, to any late charges due under the Note.
6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be
exercised by successors in interest of all parties.
7. Hazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the
improvements now existing or hereafter erected on the Property insured against loss by fire, hazards
included within the term "extended coverage" and any other hazards, including floods or flooding, for
which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain
coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect
Beneficiary's rights in the Property in accordance with paragraph 9.
Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal
shall not extend or postpone the due date of the monthly payments referred to in Note. If under part B,
"Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's
right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition
shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust immediately prior to the
acquisition.
8. Usury; Interest. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount
of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any
interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been
paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the 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
TDHCANSPDOTPMF Page 4 of 9
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. lf, 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.
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 vendor's lien retained in the deed of even date with this Deed
of Trust executed by CITY OF HUNTSVILLE conveying the Property to Maker, which vendor's lien has
been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien. The
vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the
vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative.
Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose
under both.
TDHCANSPDOTPMF Page 5 of 9
15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR
CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES
WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN
BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE
AND DEMAND FULL PAYMENT OF THE BALANCE OF ALL PRINCIPAL AND INTEREST
REMAINING DUE THEREON. If the Property is residential, real property containing fewer than five
(5) dwelling units or a manufactured home occupied by Grantor, exceptions to this provision are limited to:
(a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b)
creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or
operation of law on the death of a co- Grantor; (d) grant of a leasehold interest of three years or less without
an option to purchase; (3) transfer to a spouse or children of Grantor or between co- Grantors; (f) transfer to
a relative of Grantor on Grantor's death; and (g) transfer to an inter vivos trust in which Grantor is and
remains a beneficiary and occupant of the Property. The restriction on the transfer of Property will
automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure,
or if the mortgage is assigned to the Secretary of the U. S. Department of Housing and Urban Development
in accordance with 24 C.F.R. §203.41.
16. Loan Not a Home Equity Loan. The Loan evidenced by Note is not an extension of credit as defined by
Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as
Maker's residence, then Maker agrees that Maker will receive no cash from the Loan evidenced by Note
and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete
construction, or renew and extend a prior lien against the Property, will be used to reduce the balance
evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's
option. Maker agrees to execute any documentation necessary to comply with this Section.
17. Occupancy, Preservation, Maintenance and Protection of the Property.
GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR
BELOW FIFTY PERCENT (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
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.
TDHCANSPDOTPMF Page 6 of 9
Grantor shall promptly give Beneficiary written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Grantor has actual knowledge. If Grantor learns, or
is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Grantor shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and
laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection.
19. Waiver of Notice of Intention to Accelerate. Grantor waives the right to notice of intention to require
immediate payment in full of all sums secured by this Deed of Trust and the right to notice of acceleration,
except in either case as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights."
20. Substitute Trustee. Beneficiary, at its option and with or without cause, may from time to time remove
Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed
hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power
and duties conferred upon Trustee herein and by applicable law.
21. Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall have the right to have
enforcement of this Deed of Trust discontinued at any time prior to the earlier of: (a) 5 days (or such other
period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power
of sale contained in this Deed of Trust; or (b) entry of a judgment enforcing this Deed of Trust. Those
conditions are that Grantor: (a) pays Beneficiary all sums which then would be due under this Deed of
Trust and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to,
reasonable attorneys' fees; and (d) takes such action as Beneficiary may reasonably require to assure that
the lien of this Deed of Trust, Beneficiary's rights in the Property and Grantor's obligation to pay the sums
secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of
Trust and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under part B, "Beneficiary's
Rights" and part C, "Trustee's Rights."
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.
25. When the context requires, singular nouns and pronouns include the plural.
26. If Grantor and Maker are not the same person, the term Grantor shall include Maker.
27. 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
TDHCANSPDOTPMF Page 7 of 9
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.
28. "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]:
i Adjustable Rate Rider
rt Balloon Rider
ir.J 1 -4 Family Rider
n Condominium Rider
f; Planned Unit Development Rider
ri Biweekly Payment Rider
El Second Home Rider
I Renewal & Extension Addendum
Other(s) [specify]
GRANTOR:
(Seal)
KAREN SULEMON - Borrower
TDHCANSPDOTPMF Page 8 of 9
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
State of TEXAS
]Space Below This Line For Acknowledgment]
County of WALKER §
Before me, a Notary Public, on this day personally appeared KAREN SULEMON known to me (or .roved t�
me on the oath of or thre • • • "i•en i carp or of er documen ' ' �()
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he execute the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this z2
(Seal)
My Commission Expires:
00"%"" IOOg1 /4fff
•........• fi
%•f:.
PREPARED BY: cc I"A qn:c°
BLACK, MANN & GR L.L'. 5
2905 CORPORATE CIRC4, , *oN •. °•'
FLOWER MOUND, TX 7< (7. ..... xx
(972)- 353 -4174 /uti ilHit %0"�
day o
-21
Title of Officer
tegi_) 47-40
AFTER RECORDING RETURN TO:
Texas Department of Housing and Community Affairs
NSP Program Division
P.O. Box 13941
Austin, Texas 78711 -3941
ATTN: SHIRLEY SMITHAM
TDHCANSPDOTPMF Page 9 of 9
METES AND BOUNDS DESC.R:I 'TON of
293 Watkins Road, Huntsville, Texas
Being a 0.1628 of an acre (7,090 square :feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of those certain tracts of land described in
Volume 2.10, Page 518 and Volume 315; •age.465 attic Deed Records of Walker County, Texas
(D.R.W.C.T.); said 0.1.628 of an :acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a found 1/2 -inch iron rod found in the west line of that certain tract of land
conveyed to Willie and Diann Wilmore by deed. recorded in Volume 526, Page 55 of said Deed
Records, being in the sotitherly occupied line of Watkins Road, (Width varies) (no record
information .found);
THENCE, South 00 °23'48" East, a distance of 50.00 feet, (called South 00 °25'40" East,
50.00 feet) along the westerly line of said Wilmore tract; to a found 1/2 -inch iron rod for the
northeast corner of that certain tract of land convey to Rendie Edwards by deed recorded in
Volume 169, .Page.334 of said Deed Records;
THENCE, North 82 °38'30" Wesf, a distance of 155.7.1 feet, (called North 82 °39'07" West)
along the north line of said 'Edwards tract, at a distance of 106.68 feet passing a found 1/2 -inch
iron pipe found for the northwest corner of said Edwards tract, and continuing to a set 5/8 -inch
iron rod with "GS" cap set in the easterly line of that certain tract of land conveyed to Mineola
Crooks, by deed recorded in Volume 159; Page 521 of, said Deed Records;
THENCE, North 23 °29'34" East, a distance of 50.00 feet, along the easterly line of said
Crooks tract to a set 5/8 -inch iron rod with "GS" cap in the southerly line of Watkins Road;
THENCE, South 83 °16'59 ",East, a distance of .1.35.08 feet (called •South 82 °39'07" East),
along the southerly line of Watkins .Road to the.Point of Beginning and containing 0.1628 of an
acre (7,090 square feet) tract'of land.
Horizontal Control is based on holding City of Fluntsville Monuments No 6914 .(grid
coordinate of Nortli = 10,261,018.90 &.Cast= 3,802,182.55) and 7120 (grid coordinate of North =
10,260,833.15 & East= 3,802,182.77). Bearings described are related. to the Texas Coordinate
System of 1983, Central. Zoiie.:Distances shown 'are US Survey Feet. in "Field .Horizontal" Units
and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988.
Plat of even date accompanies this description.
Prepared by:
GeoSolutions, LLC
25814 Brulde Road
Spring, Texas
Tel. 281- 68.1 -9766
Job No. 12-249 -030
<
EXHIBIT „A„
PAGE _L. OF (
Texas Neighborhood Stabilization Program (NSP)
(Purchase Money)
Promissory Note
( "Note ")
Date: MAY 20, 2013
Borrower: KAREN SULEMON
Borrower's Mailing Address: 293 WATKINS STREET
HUNTSVILLE, WALKER County, TX 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): 211 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: Eighty Thousand Seven Hundred Seventy -Three And No /100 Dollars ($80,773.00)
Annual Interest Rate: Zero percent (0 %) per annum
Maturity Date: JUNE 01, 2043
Annual Interest Rate on Matured, Unpaid Amounts: Ten percent (10 %) per annum
Terms of Payment (principal and interest): Principal shall be due and payable in monthly installments of Two
Hundred Twenty -Four And Thirty- Seven /100 Dollars ($224.37) each, payable on the first day of each and every
calendar month, beginning JULY 01, 2013 and continuing regularly thereafter until JUNE 01, 2043 ( "maturity"),
on which last mentioned date the entire unpaid balance of principal then owing shall become immediately due and
payable.
Any default under the NSP Purchase Money Deed of Trust securing this Note shall be deemed to be a default under
this Note. If any part of the collateral securing this Note is transferred or conveyed without Lender's prior,
written consent, or if Borrower ceases to occupy the mortgaged property as his or her principal residence,
any unpaid or un- forgiven balance of this Note is immediately due and payable and Lender may invoke any
remedies provided under the NSP Purchase Money Deed of Trust securing this Note. If the collateral is
residential real property containing fewer than five dwelling units or a residential manufactured home
occupied by Borrower, exceptions to this provision are limited to (a) a subordinate lien or encumbrance that
does not transfer rights of occupancy of the property; (b) creation of a purchase money security interest for
household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- owner; (d)
grant of a leasehold interest of three years or less without an option to purchase; (e) transfer to a spouse or
children of owner or between co- owners; (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.
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
TDHCANSPNOTEPMF Page I of 4
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.
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, Trustee, which covers the following described property to -wit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES., which has a street address of 293 WATKINS STREET, HUNTSVILLE, TX 77320
Borrower promises to pay to the order of Lender the Principal Amount plus interest, if applicable. This Note is
payable at the Place for Payment and according to the Terms of Payment. All unpaid amounts are due by the
Maturity Date. After Maturity Date, Borrower promises to pay any unpaid principal balance plus interest at the
Annual Interest Rate on Matured, Unpaid Amounts, if applicable.
If any payment required under this Note is not paid within 15 days after it becomes due and payable, then Borrower
shall pay to Lender, subject to the provisions of this Note limiting the amount of interest, the payment of a late
charge (the "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 Dollars and Fifty Cents ( "$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.
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 293 WATKINS STREET,
HUNTSVILLE, WALKER County, TX 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.
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
TDHCANSPNOTEPMF Page 2 of 4
from time to time, exceed the maximum amount permissible under Applicable Law, it particularly being the
intention of the parties hereto to conform strictly to the law of the State of Texas and of the United States of
America, whichever is applicable. Any interest payable hereunder or under any other instrument relating to the loan
evidenced hereby that is in excess of the legal maximum under Applicable Law, shall, in the event of acceleration of
Maturity Date, prepayment, demand for payment or otherwise, be automatically, as of the date of such acceleration,
prepayment, demand or otherwise, applied to a reduction of the Principal Amount indebtedness hereof and not to the
payment of interest, or if such excessive interest exceeds the unpaid balance of such Principal Amount, such excess
shall be refunded to Borrower. To the extent permitted by Applicable Law, determination of the legal maximum
amount of interest shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during
the period of the full stated term of the loan, all interest at any time contracted for, charged or received from
Borrower in connection with the loan, so that the actual rate of interest on account of such indebtedness is uniform
throughout the term thereof.
Borrower shall pay a charge of $25.00 for any check returned for any reason.
Except as provided in this Note, Borrower and each endorser and guarantor of this Note jointly and severally waive
grace, presentment for payment, notice of renewals and extensions, notice of nonpayment, notice of protest, notice
of and demand for payment of installments or other amounts coming due under this Note that are not paid when due,
notice of intent or election to accelerate Maturity Date or the actual acceleration of Maturity Date of the
indebtedness evidenced by this Note, and diligence in the collection of this Note, in filing suit on this Note and in
seizing or foreclosing on any collateral securing this Note, if applicable, or and agree to one or more extensions of
Maturity Date and partial payments before or after Maturity Date without prejudice to rights of the holder of this
Note.
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.
TDHCANSPNOTEPMF Page 3 of 4
THIS WRITTEN AGREEMENT AND THE OTHER WRITTEN AGREEMENTS, INCLUDING THE
COLLATERAL AGREEMENTS, SIGNED CONTEMPORANEOUSLY WITH THE SIGNING HEREOF
REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN
THE PARTIES.
BORROWER:
KA EN SULEMON
TDHCANSPNOTFPMF Page 4 of 4
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
M.E'I'ES AND BOUNDS.DESCRJ:p'I'ION of
293 Watkins Road, Huntsville, Texas
Being a 0.1628 of an acre (7,090 square :feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of those certain tracts of land described in
Volume 2.10, Page 518 and Volume 315; Page -465 of the Deed Records of WalkerCounty, Texas
said 0.1628 of an acre of land being more particularly described by metes and
bounds as follows:
BEGINNING. at a found 1/2 -inch iron rod found in the west line of that certain tract of land
conveyed to Willie and Diann Wilmore by deed, recorded in Volume•526, Page 55 of said Deed
Records, being in the southerly occupied. line of Watkins Road. (Width varies) (no record
information found);
THENCE, ,South 00 °23'48" East, a distance of 50.00 feet, (called South 00 025'40" East,
50.00 .feet) along the westerly line of said Wilmore tract; to a found l/2 -inch iron rod for the
northeast corner of that certain tract of land 'convey to Rendie Edwards by deed recorded. in
Volume 169, Page 334 of said Deed Records;
THENCE, North 82 °38'30" West, .n distance of 155.71 feet, (called North 82 °39'07" West)
along the north line of said 'Edwards tract, at a distance of 106.68 feet passing a found 1/2-inch
iron pipe .found for the northwest corner of said Edwards tract, and continuing to a set 5 /8 -ineh
iron rod with "GS" cap set in the easterly line of that certain tract of land conveyed to Mi►eola
Crooks, by deed recorded in Volume 159; Page 521 of said Deed Records;
THENCE, North 23 °2.9'34" East, a distance of 50.00 feet, along the easterly line of said
Crooks tract to a set 518 -inch iron rod with "GS" cap ih the southerly line of Watkins Road;
THENCE, South 83 °16'59 ",East, a distance of .1.35,08 feet (called South 8299'07" .East),
along the southerly line of Watkins Road to the.Point of Beginning and containing 0.1628 ()fan
acre (7,090 square feet) tract of land.
Horizontal Control 'is based on holding City of Huntsville Monuments No. 69.14 (grid
coordinate of North = 10,261,018.90 &.East= 3,802,182.55) and 7120 (grid coordinate of North =
10,260,833.15 & East= 3,802,182 .77)..Bearings described are related to the Texas Coordinate
System of .1983, Central. Zone. Distances shown are US Survey Peet 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
258 t4 Budde Road
Spring, Texas
Tel. 281. -68.1 -9766
Job No. 12 -249 -030
EXHIBIT "."
PAGE OF t
r��
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.
FOR Walker County properties FOR San Jacinto Cnty
properties
Contact: Cont ct:
Walker County Appraisal District San Ja €'County Appraisal District
P. O. Box 1798 P. O. ox 0
Huntsville, Texas 77342 -1798 C • • spring, Te 77331
one: 936- 295 -0402 hone: 936 - 653 -1450
Date
Buyer
Date
File No.: 201302207
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.
a�17T2012010
007.07/17/1961
LEMON
REN ARNETT
•
i 11,9TH.STREET
HCINTS■ILLE TX 77320 -0000
12 ReaMctlon8 A ti1
G.F. NO.: 201302207
POLICY NO.
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a
dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the
Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In
addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the
policy is issued. You can do this by signing this form and returning it to the Company at or before the closing
of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to
arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association
( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Insured arising out of or relating to this policy, any service in
connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising
out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured
is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of
Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the
Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.
Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent
jurisdiction."
I request deletion of the Arbitration provision.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By:
Its: Duly Authorized Representative
DATE:
Loan No.: 77099991265C
TDHCADELARB Page 1 of 1
Applicants /Borrowers: KAREN SULEMON
Property Address: 293 WATKINS STREET, HUNTSVILLE, TX 77320
Loan No: 77099991265C
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.
ALA14.-trA___)
KARENSULE -
STATE OF ( TEXAS )
COUNTY OF ( WALKER )
This instrument was acknowledged before me on
(Seal)
�1Ni1111!!ll/ye
2t5 7t) 3
Ala ANN.. �i,
e,�
•
Notary " . lic, St. / of TEXAS ...<r)
My commission expir : Notary ped or +rinted name] � ®�'FP1f�E x,.• "` •���
FA/Ai ( 42014 ON
TXPENALTYB1 Page 1 of 1
N.
Applicants /Borrowers: KAREN SULEMON
Property Address: 293 WATKINS STREET, HUNTSVILLE, TX 77320
Loan No: 77099991265C
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.
KAREN SULEMON
STATE OF ( TEXAS )
COUNTY OF ( WALKER )
This instrument was acknowledged before me on
(Seal)
My commission expires:
-%((,- 2e /L(
7)1e,t 2eY/3
gE1111101OI0
Notary Pu c, State f TEXAS
Notary's lied or pri ted name:
-7fro ac/
TXPENALTYBI Page 1 of 1
kJ EMON .
igie41Sc.-
Form W-9
(Rev. December 2011)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give form to the
requestor. Do Not
send to the IRS.
0
N
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0.
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O E O)
c(„3
0.
rn
a
0)
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Name (as shown on your income tax return)
KAREN SULEMON
Business name /disregarded entity name, if different from above
Check appropriate box
Classification (required): ri Individual /Sole proprietor ri C Corporation Il' n S Corporation r; Partnership Ii Trust/estate
r; Limited liability company. Enter the tax classification (C =C corporation, S =S Corporation, P= partnership) •
CI Other (see Instructions) •
Address (number, street, and apt, or suite no.)
293 WATKINS STREET
ri Exempt payee
City, state, and ZIP code
HUNTSVILLE, TX 77320
Requestor's name and address (optional)
List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number
to enter.
Part I1
Social Security number
456 -27 -2462
Employer identification number
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest
paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally,
payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on
page 4.
Sign
Here
Signature of
U.S. Person,
General Instructions 1
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation of
debt, or contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business is
not subject to the withholding tax on foreign partners' share of effectively
connected income.
Note. If a requester gives you a form other than Form W -9 to request your
TIN, you must use the requester's form if it is substantially similar to this
Form W -9.
Date ■
5.2-13
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a
withholding tax on any foreign partners' share of income from such
business. Further, in certain cases where a Form W -9 has not been
received, a partnership is required to presume that a partner is a foreign
person, and pay the withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W -9 to the partnership to establish your
U.S. status and avoid withholding on your share of partnership income.
The person who gives Form W -9 to the partnership for purposes of
establishing its U.S. status and avoiding withholding on its allocable
share of net income from the partnership conducting a trade or
business in the United States is in the following cases:
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X
Form W -9 (Rev. 1 -2011)
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.
1 /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:
OVERHEAD POWER LINES CROSS THE PROPERTY.
EXECUTED this% day of
BORROWER:
REN SULEMON
TDHCANSPSURVEY Page 1 of 1