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image19089Ruittr i x : WALKER COUNT': LE " MPANY 1109 UNIVERSITY AVENUE HUNTSVILLE, TEXAS 77340 GF# © /3 -/a /2 9/ AFTER RECORDING, RETURN TO: First National Bank of Huntsville P 0 Box 659 Huntsville, TX 77342 -0659 Lorri Lehman NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED OF TRUST (SECURITY AGREEMENT, FINANCING STATEMENT) THE STATE OF TEXAS Loan # 166613 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Walker } THE UNDERSIGNED, Tyceffie Massey, an unmarried woman, whose mailing address is as set forth opposite the signature of each, being the debtor(s) and hereinafter called "Grantors ", (whether one or more), in consideration of TEN AND NO /100 DOLLARS ($10.00), in hand paid, and the debt and trust hereinafter mentioned, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto Lorri Lehman Trustee(s), whose mailing address is P 0 Box 659 1300 11th Street, Huntsville, TX 77342 -0659, hereinafter called the "Trustee" (whether one or more), and to his successors in trust, the following described land and other property situated in the County of Walker, State of Texas, to -wit: Being 0.195 of an acre of land, more or less, situated in the P. Gray League, A -24, Walker County, Texas and being all of Lot Two (2), Vann - Johnson Subdivision, a subdivision in the City of Huntsville, according to the map or plat thereof recorded in Volume 5, Page 81 of the Plat Records, Walker County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. which has an address of: 123 Avenue D Huntsville, TX 77320 ( "Property Address "): Deed of Trust (Security Agreement, Financing Statement) 1 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] together with all heating, plumbing, refrigeration, lighting fixtures, equipment, appliances and /or other personal property used in connection therewith whether or not now or hereafter attached thereto so as to become fixtures, and all accessions and additions thereto, and all buildings and improvements thereon and hereafter placed thereon: appurtenances, servitudes, rights, ways, privileges, prescriptions and advantages thereunto belonging or in any wise appertaining, hereinafter called the "Mortgaged Premises ". To the extent permitted by law, this Deed of Trust shall be construed to be a security agreement and financing statement. TO HAVE AND TO HOLD the Mortgaged Premises unto the Trustee forever, Grantors hereby bind themselves to warrant and forever defend the title to the Mortgaged Premises, or any part thereof, unto the Trustee against all persons whomsoever claiming or to claim the same or any part thereof. I. THIS CONVEYANCE, however, is made in trust to secure and enforce the payment of the following described indebtedness, obligations and liabilities: (a) A promissory note (the "Note ") of even date herewith in the principal sum of Eighty Six Thousand Nine Hundred Twenty Five and 00 /100 Dollars ($86,925.00) executed by Grantors and payable to the order of First National Bank of Huntsville whose mailing address is P 0 Box 659, Huntsville, TX 77342 -0659 (hereinafter called "Beneficiary" or "Bank "), bearing interest as therein provided; (b) All promissory notes evidencing additional loans which Beneficiary may hereinafter make to Grantors (although it is understood that beneficiary is under no obligation to do so); (c) All other indebtedness and liabilities of all kinds of Grantors to Beneficiary now existing or hereafter arising (including overdrafts in bank accounts), whether fixed or contingent, joint and /or several, direct or indirect, primary or secondary and regardless of how created or evidenced, or whether they may, prior to acquisition by Beneficiary, be or have been payable to, or be or have been in favor of some other person, or have been acquired by Beneficiary in a transaction with one other than Grantors; (d) All sums advanced or costs or expenses incurred by Beneficiary which are made or incurred pursuant to or allowed by, the terms of this instrument, plus interest thereon at the maximum rate allowed by applicable law from the date paid until reimbursed; and (e) All renewals and extensions of the above, whether or not Grantors execute any renewal or extension agreement. All of the described indebtedness being hereinafter sometimes referred to collectively as the "debt" or "indebtedness ". 2. As additional security for the payment of said debt, Grantors hereby transfer and assign unto the Beneficiary: (a) All judgments, awards of damages and settlements hereinafter made resulting from condemnation proceedings or the taking of all or any part of the Mortgaged Premises under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Mortgaged Premises or any part thereof, or to any rights appurtenant thereto, including any award for change of grade of streets. The Beneficiary is hereby authorized, but shall not be required, on behalf and in the name of Grantors, to execute and deliver acquittances for, and to appeal from, any such judgments or awards. The Beneficiary may apply all such sums or any part thereof so received, after the payment of all expenses, including costs and attorney's fees, on the debt in such manner as the Beneficiary elects; (b) All bonuses, rents and royalties accrued or to accrue under all oil, gas or mineral leases, now existing or which may hereafter come into existence. Grantors direct payment of the same to the Beneficiary, at the option of the Beneficiary and upon written demand of the Beneficiary therefor, Deed of Trust (Security Agreement, Financing Statement) 2 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] to be applied to the debt until paid, whether due or not, and either before or after any default under the terms of this Deed of Trust or Note; and (c) All of the rents, royalties, issues, profits, revenue, income and other benefits derived from the Mortgaged Premises (whether now existing or hereafter arising) or arising from the use or enjoyment of any portion thereof or from any lease or agreement pertaining thereto (hereinafter called the "Rents and Profits ") are hereby absolutely and unconditionally assigned, transferred, conveyed and set over to Beneficiary to be applied by Beneficiary in payment of the principal and interest and all other sums payable on the Note and any other indebtedness secured hereby. It is intended that this assignment is absolute, unconditional and presently effective and that it shall never be necessary for Beneficiary to institute legal proceedings of any kind whatsoever to enforce the provisions of this Section 2 (c). Prior to the occurrence of any default hereunder, Grantor shall collect and receive all Rents and Profits as Trustee for the benefit of Beneficiary and Grantor, and Grantor shall apply the funds so collected first to the payment of the principal and interest and all other sums payable on the Note and in payment of all other indebtedness secured hereby, and thereafter, so long as no default hereunder has occurred, the balance shall be distributed to the account of the Grantor. Grantor will not (i) execute an assignment of any of its right, title or interest in the Rents or Profits, or (ii) except where the lessee is in default thereunder, terminate or consent to the cancellation or surrender of any lease of the Mortgaged Premises or any part thereof, now or hereafter existing, having an unexpired term of one year or more except that any lease may be canceled, provided that promptly after the cancellation or surrender thereof, a new lease is entered into with a new lessee having a credit standing, in the judgment of Beneficiary, at least equivalent to that of lessee whose lease was canceled, on substantially the same terms as the terminated or canceled lease, or (iii) modify any lease of the Mortgaged Premises or any part thereof so as to shorten the unexpired term thereof or so as to decrease the amount of rent payable thereunder, or (iv) accept prepayments of any installments of rent to become due under any of such leases in excess of one month, except prepayments in the nature of security for the performance of the lessee thereunder, or (v) in any other manner impair the value of the Mortgaged Premises or the security of this Deed of Trust. Grantor will not execute any lease of all or any substantial portion of the Mortgaged Premises except for actual occupancy by the lessee thereunder, and will at all times promptly and faithfully perform, or cause to be performed, each covenant, condition and agreement contained in each lease of the Mortgaged Premises now or hereafter existing, on the part of lessor thereunder to be kept and performed. Grantor shall furnish to Beneficiary, within ten (10) days after a request by Beneficiary to do so, a written statement containing the names of all lessees of the Mortgaged Premises, the terms of their respective leases, the spaces occupied, and the rentals payable thereunder. Beneficiary shall have no liability or obligation with respect to any lease of the Mortgaged Premises or any part thereof. (d) All of Grantors interest in, to, and under any and all leases, tenant contracts, construction contracts and other contracts, licenses and permits, whether written or oral, now or hereafter affecting all or any part of the Property, and any agreement for the use or occupancy of all or any part of said Property which may have been made heretofore or which may be made hereafter, including any and all extensions, renewals, and modifications of the foregoing and guaranties of the performance or obligations of any tenants thereunder, and all other arrangements of any sort resulting in the payment of money to Grantor or in Grantor becoming entitled to the payment of money for the use of the Property or any part thereof, whether such user or occupier is tenant, invitee, or licensee (all of the foregoing hereafter referred to collectively as the "Leases" and individually as a "Lease ", and said tenants, invitees, and licensees are hereafter referred to collectively as "Tenants" and individually as "Tenant" as the context requires), which Leases cover all or any portion of the Property. Grantor agrees to execute and deliver to Beneficiary Deed of Trust (Security Agreement, Financing Statement) 3 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] such additional instruments, in form and substance satisfactory to Beneficiary, as may hereafter be requested by Beneficiary further to evidence and confirm said assignment; provided, however, that acceptance of any such assignment shall not be construed as a consent by Beneficiary to any Lease, or to impose upon Beneficiary any obligation with respect thereto; and provided, further, that permission is hereby given to Grantor unless and until Grantor is in default as provided herein, to collect the income, rents, issues and profits relating to the Property as they become due and payable but not in advance, except as provided herein below. 3. The proceeds of the Note to the extent that the same are utilized to take up any outstanding liens against the Mortgaged Premises, or any portion thereof, have been advanced by the Beneficiary at Grantors' request and upon Grantors' representation that such amounts are due and are secured by valid liens against the Mortgaged Premises. The Beneficiary shall be subrogated to any and all rights, superior titles, liens, and equities owned or claimed by any owner or holder of any outstanding liens and debts, however remote, regardless of whether said liens or debts are acquired by the Beneficiary by assignment or are released by the holder thereof upon payment. 4. Grantors further covenant and agree: (a) That Grantors will pay the principal of and interest on the Note in accordance with the terms thereof. That Grantors are seized of the Mortgaged Premises and are entitled to convey the same; that Grantors will make such further assurance of title as may be necessary to fully confirm to the Trustee the title to the Mortgage Premises; Grantors shall punctually and properly perform all of Grantors' covenants, obligations, and liabilities under any other security agreement, mortgage, deed of trust, collateral pledge agreement, contract, assignment, loan agreement or any other instrument or agreement of any kind now or hereafter existing as security for, executed in connection with, or related to the indebtedness or other obligations secured hereby, or any part thereof; (b) That all awnings, door and window screens, storm window screens, storm windows and doors, mantels, cabinets, rugs, carpeting, linoleum, wall and in -a -door beds, stoves, shades, blinds, oil and other fuel- burning systems and equipment, water heaters, radiator covers, and all plumbing, heating, lighting, cooking, ventilating, cooling, air - conditioning and refrigerating apparatus and equipment, and such goods and chattels and personal property as are ever furnished by landlords in letting or operating an unfurnished building, or which are or shall be attached to said building by nails, screws, bolts, pipe connections, masonry or in other manner, and all additions thereto and replacements thereof, and such built -in equipment as shown by plans and specifications, are and shall be deemed to be fixtures and accessions to the Mortgaged Premises, being hereby agreed to be immovables and a part of the realty as between the parties hereto, and shall be deemed to be a part and portion of the Mortgaged Premises; (c) That Grantors will pay (prior to delinquency) all taxes and assessments levied or assessed upon the Mortgage Premises, or the interest created therein by this Deed of Trust, and exhibit the receipts therefor to the Beneficiary (unless such payments are made by the Beneficiary, as hereinafter provided), and will defend the title and possession of the Mortgaged Premises to the end that this Deed of Trust shall be and remain a first lien on the Mortgaged Premises until the debt is paid. That Grantors will pay all attorney's fees and expenses which may be incurred by the Beneficiary in enforcing the terms of the Note and this Deed of Trust or in any suit which the Beneficiary may become a party where this Deed of Trust or the Mortgaged Premises is in any manner involved, and all expenses incurred in presenting a claim against the estate of a decedent or a bankrupt. The word "assessments" as used in this Deed of Trust, whether in this paragraph or elsewhere, shall include not only assessments by political subdivisions, but also maintenance Deed or Trust (Security Agreement, Financing Statement) 4 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] charges, regular assessments and special assessments assessed by subdivision restrictions, homeowner's declarations for planned unit developments and assessments by condominium agreements, if any; (d) That Grantors will keep all insurable Mortgaged Premises insured for the protection of the Beneficiary against loss by fire, hazards included within the term "extended coverage" and such other hazards as Beneficiary may require in such manner, in such amounts, and in such companies as the Beneficiary may approve at Beneficiaries sole discretion, and keep the policies therefor, properly endorsed, on deposit with the Beneficiary with standard mortgagees' clauses. If renewal policies are not delivered to the Beneficiary 30 days before the expiration of the existing policy or policies, with evidence of premiums paid, the Beneficiary may, but is not obligated to, obtain the required insurance on behalf of Grantors (or insurance in favor of the Beneficiary alone) and pay the premiums thereon. Grantors assign to Beneficiary all right and interest in all such policies of insurance and authorize the Beneficiary to collect for, adjust or compromise any losses under any insurance policy on the Mortgaged Premises, and loss proceeds (less expense of collection) shall, at the Beneficiary's option, be applied on the debt, whether due or not, or to the restoration of the Mortgaged Premises, or be released to Grantors, but such application or release shall not cure or waive any default. Grantors shall, at their expense, in addition to all other insurance obligations herein required, maintain or cause to be maintained workers' compensation insurance covering all persons employed by Grantors and Grantors shall provide Beneficiary with proof of insurance, notice of cancellation, and other information relating to such insurance coverage, in the same manner as required with respect to other insurance obligations of Grantor described in this Deed of Trust; (e) That, when requested by the Beneficiary, Grantors will pay with and in addition to the payments of principal and interest payable under the terms of the Note, on the same day as the principal and interest installments are due and payable, a sum equal to one - twelfth of the estimated annual ground rents, taxes, hazard insurance premiums and assessments, if any, next due on the Mortgaged Premises. If the amount so paid is not sufficient to pay such ground rents, taxes, hazard insurance premiums and assessments when due, then Grantors will deposit immediately with the Beneficiary an amount sufficient to pay such ground rents, taxes, hazard insurance premiums, and assessments. If there is a default under any of the provisions of this Deed of Trust resulting in a sale of the Mortgaged Premises or foreclosure, or if the Beneficiary acquires the Mortgaged Premises otherwise after default, the Beneficiary shall apply, at the time of commencement of such proceedings or at the time the property is otherwise acquired, the balance then remaining of the funds accumulated under this provision as a credit against the amount then remaining unpaid under the Note. No interest shall accrue or be allowed on any payments made under the provisions of this paragraph. If the amount so paid is in excess of the amount needed to pay such ground rents, taxes, hazard insurance premiums and assessments in any calendar year, such excess shall be applied to the next maturing installments of principal and interest. All deposits made pursuant to this paragraph shall be held by the Beneficiary as additional security for the payment of the debt described herein and shall not be assigned, attached or otherwise alienated except when transferred by Grantors to a new owner of the Mortgaged Premises concurrently with a bona fide sale of the Mortgaged Premises; (f) That Grantors will not commit or permit any waste on the Mortgaged Premises and will keep the buildings, fences and all other improvements now or hereafter erected on the Mortgaged Premises in sound condition and in good repair and will neither do nor permit to be done anything to the Mortgaged Premises that may impair the value thereof and the Beneficiary shall have the right of entry upon the Mortgaged Premises at all reasonable times for the purpose of inspecting the same; (g) That Grantors will pay for the cost of any appraisal of the Mortgaged Premises which Beneficiary Deed of Trust (Security Agreement, Financing Statement) 5 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] may require from time to time, such appraisal to be prepared by an appraiser and be in form acceptable to Beneficiary. (h) To comply with all valid governmental laws, ordinances and regulations applicable to the Mortgaged Premises and its ownership, use and operation, and to comply with all, and not violate any easements, restrictions agreements, covenants and conditions with respect to or affecting the Mortgage Premises or any part thereof; (1) To pay promptly all bills for labor and materials incurred in connection with the Mortgaged Premises and never to permit to be fixed against the Mortgaged Premises or any part thereof, any lien or security interest, even though inferior to the liens and security interests hereof, for any such bill which may be legally due and payable, and never to permit to be created or exist in respect of the Mortgaged Premises, or any part thereof, any other or additional lien or security interest on a parity with or superior to the liens and security interests hereof; (j) At any time, and from time to time, upon request by Beneficiary forthwith to execute and deliver to Beneficiary any and all additional instruments and further assurances, and do all other acts and things as may be necessary or proper in Beneficiary's opinion to effect the intent of these presents, more fully evidence and perfect the rights, titles, liens and security interests herein created or intended to be created and protect the rights, remedies, powers and privileges of Beneficiary hereunder; (k) From time to time, upon request of Beneficiary, to furnish promptly to Beneficiary such financial statements and reports relating to Grantors and Grantors' business affairs as Beneficiary may reasonably request; (1) If Grantors are a corporation, to maintain continuously Grantors' corporate existence, good standing and its right to do business in Texas and in each other state where any part of Mortgaged Premises is situated; (m) Upon request of Beneficiary, to deliver to Beneficiary, within sixty (60) days after the end of each calendar year, then current annual statements itemizing the income and expenses of the Mortgaged Premises, all in such detail as shall be satisfactory to Beneficiary; (n) At any time that any law shall be enacted imposing or authorizing the imposition of any tax upon this Deed of Trust, or upon any rights, titles, liens or security interests created hereby, or upon the debt, or any part thereof, immediately to pay all such taxes; provided, that, in the alternative, Grantors may, in the event of the enactment of such a law, and must, if it is unlawful for Grantor to pay such taxes, prepay the debt in full within sixty (60) days after demand therefor by Beneficiary; (o) To furnish promptly at any time and from time to time, upon request, a written statement or affidavit in such form as shall be satisfactory to Beneficiary, stating the unpaid balance of the debt and that there are no offsets or defenses against full payment of the debt and the terms hereof, or, if there are any such offsets and defenses, specifying them; (p) To perform punctually and properly all of Grantors' covenants, duties and liabilities under any other security agreement, mortgage, deed of trust, collateral pledge agreement, loan agreement, contract or assignment of any kind now or hereafter existing as security for or in connection with payment of the debt, or any part thereof (each such being herein called "other security instrument "); (q) To allow Beneficiary to inspect the Mortgaged Premises and all records relating thereto or to the debt, and to make and take away copies of such records; and (r) Without the prior written consent of Beneficiary (which may be withheld with or without cause), not to cause or permit all or any portion of the Mortgaged Premises which is fixtures or personal property to be removed from the county or state where the real property is located. 5. If any of the indebtedness hereby secured shall become due and payable, the Trustee or the Deed of Trust (Security Agreement, Financing Statement) 6 ©PeirsonPatterson, LLP: Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] Beneficiary shall have the right and power to proceed by a suit or suits in equity or at law, whether for the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted, or for any foreclosure hereunder or for the sale of the Mortgaged Premises under the judgment or decree of any court or courts of competent jurisdiction, or for the appointment of a receiver pending any foreclosure hereunder or the sale of the Mortgaged Premises under the order of a court or the sale of the Mortgaged Premises under the order of a court or courts of competent jurisdiction or under executory or other legal process, or for the enforcement of any other appropriate legal or equitable remedy. The Grantors agree, to the full extent that they or it lawfully may, that in case one or more of the defaults hereunder shall have occurred and shall not have been remedied, then, and in every such case, the Beneficiary shall have the right and power to enter into and upon and take possession of all or any part of the Mortgaged Premises in the possession of Grantors, their or its successors or assigns, or its or their agents or servants and may exclude the Grantors, its or their successors or assigns and all persons claiming under the Grantors, and its or their agents or servants, wholly or partly therefrom; and holding the same, the Beneficiary may use, administer, manage, operate and control the Mortgaged Premises and conduct the business thereof to the same extent as the Grantors, its or their successors or assigns, might at the time do and may exercise all rights and powers of the Grantors, in the name, place and stead of the Grantors, or otherwise as the Beneficiary shall deem best; and in the exercise of any of the foregoing rights and powers Beneficiary shall not be liable to Grantors for any loss or damage thereby sustained unless due solely to the willful misconduct or gross negligence of Beneficiary. 6. In the event the ownership of the Mortgaged Premises, or any part thereof, becomes vested in a person other than Grantors, the Beneficiary may, without notice to Grantors, deal with such successor or successors in interest with reference to this Deed of Trust and to said debt in the same manner as with Grantors without in any way vitiating or discharging Grantors' liability hereunder or upon the debt. No sale of the Mortgage Premises and no forbearance on the part of the Beneficiary and no extension of the time for the payment of the debt hereby secured, given by the Beneficiary, shall operate to release, modify, change, or affect the original liability of Grantors, either in whole or in part. 7. The Beneficiary, without notice, may release any part of the Mortgaged Premises, or any person liable for the debt, without in any way affecting the lien hereof upon any part of the Mortgaged Premises not expressly released or the liability of any person not expressly released, and may agree with any party obligated on the debt, or having any interest in the Mortgaged Premises, to extend the time for payment of any part or all of the debt. Such agreement shall not in any way release or impair the lien hereof, but shall extend the lien hereof as against the title of all parties having any interest in the Mortgaged Premises which interest is subject to this Deed of Trust. The lien, security interest and other rights granted hereby shall not affect or be affected by any other security taken for the same indebtedness or any part thereof. The taking of additional security, or the extension or renewal of the indebtedness secured hereby, or any part thereof, shall not release or impair the lien, security interest and other rights granted hereby, or affect the liability of any endorser, guarantor or surety, or improve the right of any permitted junior lienholder; and this Deed of Trust, as well as any instrument given to secure any renewal or extension of the indebtedness secured hereby, or any part thereof, shall be and remain a first and prior lien, except as otherwise provided herein, on all of the Mortgaged Premises not expressly released until the indebtedness secured hereby is completely paid. 8. Grantors waive the benefit of all laws now existing or that hereafter may be enacted provided for (i) any appraisement before sale of any portion of the Mortgaged Premises, commonly known as Appraisement Laws, and (ii) the benefit of all laws that may be hereafter enacted in any way extending the time for the enforcement of the collection of said debt or creating or extending a period of redemption from any sale made in collecting said debt, commonly known as Stay Laws and Redemption Laws, and Grantors hereby agree and contract that the laws of the State of Texas, save as above excepted, now in force relative to the collection of said debt and the application to the payment thereof, are expressly adopted and made a part hereof. To the extent that Deed of Trust (Security Agreement, Financing Statement) 7 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] Grantors may lawfully do so, Grantors agree that Grantors shall not assert and hereby expressly waive, any right under any statute or rule of law pertaining to the marshalling of assets, the exemption of homestead, the administration of estates of decedents, or other matter whatever to defeat, reduce or affect the right of Beneficiary, under the terms of this Deed of Trust, to sell the Mortgaged Premises for the collection of the indebtedness secured hereby (without any prior or different resort for collection) or the right of Beneficiary, under the terms of this Deed of Trust, to the payment of such indebtedness out of the proceeds of sale of the Mortgaged Premises in preference to every other person and claimant whatever (only reasonable expenses of such sale being first deducted). Grantors expressly waive and relinquish any right or remedy which it or they may have or be able to assert by reason of the provisions of Chapter 34 of the Business and Commerce Code of the State of Texas, pertaining to the rights and remedies of sureties. 9. The Beneficiary may, at the Beneficiary's option, without demand or notice and without waiver of any right, pay or discharge any lien or claim upon the Mortgaged Premises or pay any delinquent tax or assessment, and, upon such payment the Beneficiary shall be subrogated respectively to the rights of the holder of such lien or claim or to the rights of the taxing authority; the Beneficiary may advance any unpaid insurance premiums, and whenever Grantors have failed properly to maintain the improvements, the Beneficiary may make repairs necessary for the proper preservation of the security. Grantors agree to pay to the Beneficiary, upon demand, any and all disbursements made under the provisions of the Deed of Trust together with interest thereon at the rate which the principal of the Note shall bear after default from the respective dates of such disbursements, and all such disbursements shall become a part of the debt, payable at the same place specified in the Note, and shall be secured by this Deed of Trust. 10. Acceptance by the Beneficiary of any payment in an amount less than the amount then due on said debt shall be deemed an acceptance on account only, and the failure to pay the entire amount then due shall be and continue to be a default. At any time thereafter, and until the entire amount then due on said debt has been paid, the Beneficiary shall be entitled to exercise all rights conferred upon it in this instrument upon the occurrence of a default. 11. Grantors shall be in default hereunder if Grantors shall default in the prompt payment when due of the indebtedness secured hereby, or any part thereof; or shall fail to keep and perform any of the covenants or agreements contained herein or in any other document securing the Note or any other security instrument; or if Beneficiary discovers that any statement, representation, or warranty in the Note, this Deed of Trust or in any writing delivered to Beneficiary in connection with the indebtedness secured hereby is false, misleading or erroneous in any material respect; or if Grantors, or any person liable for the indebtedness secured hereby, or any part thereof, including any guarantor of or any surety for the performance of any obligation hereunder, files a voluntary petition in bankruptcy; makes an assignment for the benefit of any creditor, is adjudicated as bankrupt or insolvent; admits in writing its inability to pay its debts generally as they become due, applies for or consents to the appointment of a receiver, trustee, or liquidator of Grantors or of any such guarantor or surety or of all or a substantial part of its assets; takes advantage of or seeks any relief under any bankruptcy, reorganization, debtor's relief or other insolvency law now or hereafter existing; files an answer admitting the material allegations of, or consenting to, or defaulting in, a petition against Grantors or any such guarantor or surety, in any bankruptcy, reorganization, or other insolvency proceedings; institutes or voluntarily is or becomes a party to any other judicial proceedings intended to effect a discharge of the debts of Grantors or of any guarantor or surety, in whole or in part, or to effect a postponement of the maturity or the collection thereof, or to effect a suspension of any of the right or powers of Beneficiary granted in the Note, this Deed of Trust or in any other instrument evidencing or securing the indebtedness secured hereby; or if an order, judgment or decree shall be entered by any court of competent jurisdiction appointing a receiver, trustee or liquidator of Grantors or of any guarantor or surety or of all or any substantial part of the assets of Grantors or any such guarantor or surety or if Grantors or any guarantor or surety shall fail to pay any money judgment against it at least ten (10) days prior to the date on which the assets of Deed of Trust (Security Agreement, Financing Statement) 8 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] Grantors or any such guarantor or surety may be sold to satisfy such judgment; or if Grantors or any such guarantor or surety shall fail to have discharged within a period of ten (10) days after the commencement thereof any attachments, sequestration, or similar proceedings against any assets of Grantors or of any guarantor or surety; or if the Mortgaged Premises are placed under control or in the custody of any court, or if Grantors abandon any of the Mortgaged Premises. Upon the occurrence of any such default, Beneficiary, at its option, without notice, may pursue any rights and remedies it may have hereunder or at law, or in equity and Beneficiary may, without limitation and without notice of any kind (including notice of intention to accelerate maturity), declare the entire indebtedness secured hereby immediately due and payable, whereupon it shall be so due and payable. 12. If Grantors shall perform faithfully each of the covenants and agreements herein contained, then, and only then, this conveyance shall become null and void and shall be released in due form, at Grantors' expense; otherwise, it shall remain in full force and effect. No release of this conveyance, or of the lien, security interest of assignment created and evidenced hereby, shall be valid unless executed by Beneficiary. 13. If Grantors shall default hereunder, Grantors hereby authorize and empower the Trustee, at the request of Beneficiary, at any time during the continuance of any default, to sell all or any portion of the Mortgaged Premises, at public auction, to the highest bidder, for cash, at the door of the County Courthouse of the county in Texas in which such Mortgaged Premises or any part thereof, is situated, as herein described, between the hours of 10:00 o'clock a.m. and 4:00 o'clock p.m. on the first Tuesday of any month after giving notice of the time, place and terms of said sale, and the property to be sold, as follows: Notice of such proposed sale shall be given by posting written notice thereof at least twenty-one days preceding the date of the sale at the Courthouse door of the county in which the sale is to be made, and if the property to be sold is situated in more than one county, one notice shall be posted at the Courthouse door of each county in which the property to be sold is situated. In addition, Beneficiary shall, at least twenty-one days preceding the date of sale, serve written notice of the proposed sale by certified mail on each debtor obligated to pay the debt secured hereby according to the records of Beneficiary. Service of such notice shall be completed upon deposit of the notice, enclosed in a postpaid wrapper, properly addressed to such debtor at the most recent address as shown by the records of Beneficiary, in a post office or official depository under the care and custody of the United States Postal Service. The affidavit of any person having knowledge of the facts to the effect that such service was completed shall be prima facie evidence of the fact of service. Any notice that is required or permitted to be given to Grantors may be addressed to Grantors at Grantors' address as stated herein. Any notice that is to be given by certified mail to any other debtor may, if no address for such other debtor is shown by the records of Beneficiary, be addressed to such other debtor at the address of Grantors as is shown by the records of Beneficiary. Notwithstanding the foregoing provisions of this paragraph, notice of such sale given in accordance with the requirements of the applicable law of the State of Texas in effect at the time of such sale shall constitute sufficient notice of such sale. Grantors hereby authorize and empower the Trustee to sell all or any portion of the Mortgaged Premises, together or in lots of parcels, as the Trustee may deem expedient, and to execute and deliver to the purchaser or purchasers of such property, good and sufficient deeds of conveyance of fee simple title with covenants of general warranty made on behalf of the Grantors. In no event shall the Trustee be required to exhibit, present or display at any such sale any of the personality described herein to be sold at such sale. The Trustee making such sale shall receive the proceeds thereof and shall apply the same as follows: (i) first, he shall pay the reasonable expense of executing this trust including a reasonable Trustee's fee for commission and attorney's fees and costs of title evidence; (ii) second, he shall pay, so far as may be possible, the indebtedness secured hereby, discharging first that portion of the indebtedness arising under the covenants or agreements herein contained and not evidenced by the Note; (iii) third, he shall pay the residue, if any, to the person or persons legally entitled thereto. Payment of the purchase price to the Trustee shall satisfy the obligation of the purchaser at such sale therefor, and such purchaser shall not be bound to look after the application thereof. Deed of Trust (Security Agreement, Financing Statement) 9 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] The sale or sales by the Trustee of less than the whole of the Mortgaged Premises shall not exhaust the power of sale herein granted, and the Trustee is specifically empowered to make successive sale or sales under such power until the whole of the Mortgaged Premises shall be sold; and if the proceeds of such sale or sales of less than the whole of such Mortgaged Premises shall be less than the aggregate of the indebtedness secured hereby and the expense of executing this trust, this Deed of Trust and the lien, security interest and assignment hereof shall remain in full force and effect as to the unsold portion of the Mortgaged Premises just as though no sale or sales had been made; provided, however, that Grantors shall never have any right to require the sale or sales of less than the whole of the Mortgaged Premises but Beneficiary shall have the right, at its sole election, to request the Trustee to sell less than the whole of the Mortgaged Premises. If default is made hereunder, the holder of the indebtedness or any part thereof on which the payment is delinquent shall have the option to proceed with foreclosure in satisfaction of such item either through judicial proceedings or be directing the Trustee to proceed as if under a full foreclosure, conducting the sale as herein provided without declaring the entire indebtedness secured hereby due and if sale is made because of default of an installment, or a part of an installment, such sale may be made subject to the unmatured part of the Note and other indebtedness secured by this Deed of Trust; and it is agreed that such sale, if so made, shall not in any manner affect the unmatured part of the indebtedness secured by this Deed of Trust, but as to such unmatured part, this Deed of Trust shall remain in full force and effect as though no sale had been made under the provisions of this paragraph. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the indebtedness secured hereby. 14. In case of any sale hereunder, all prerequisites to the sale shall be presumed to have been performed, and in any conveyance given hereunder, all statements of facts, or other recitals therein made as to the nonpayment of money secured, or as to the request to the Trustee to enforce this trust, or as to the proper and due appointment of any substitute trustee, or as to the advertisement of sale, or time, place, and manner of sale, or as to any other preliminary fact or thing, shall be taken in all courts of law or equity as prima facie evidence that the facts so stated or recited are true. The purchaser at any trustee's or foreclosure sale hereunder may disaffirm any easement granted, or rental, lease or other contract made, in violation of any provision of this Deed of Trust, and may take immediate possession of the Mortgage Premises free from, and despite the terms of, such grant of easement and rental or lease contract. 15. At the option of the Beneficiary, with or without any reason, a successor substitute trustee may be appointed by the Beneficiary without any formality other than a designation in writing of a successor or substitute trustee, who shall thereupon become vested with and succeed to all the powers and duties given to the Trustee herein named, the same as if the successor or substitute trustee had been named original Trustee herein; and such right to appoint a successor substitute trustee shall exist as often and whenever the Beneficiary desires. If Beneficiary is a corporation and such appointment is executed in its behalf by any officer of such corporation, such appointment shall be conclusively presumed to be executed with authority and shall be valid and sufficient without proof of any action by the board of directors or any superior officer of the corporation. 16. Neither the exercise of, nor the failure to exercise, any option given under the terms of this Deed of Trust shall be considered as a waiver of the right to exercise the same, or any other option given herein, and the filing of a suit to foreclose this Deed of Trust, either on any matured portion of the debt or for the whole debt, shall never be considered an election so as to preclude foreclosure under the power of sale after a dismissal of the suit; nor shall the filing of the necessary notices for foreclosure, as provided in this Deed of Trust, preclude the prosecution of a later suit thereon. 17. In the event of a trustee's sale hereunder and if at the time of such sale the Grantors occupy the portion of the Mortgaged Premises so sold, or any part thereof, Grantors shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of either tenant or landlord, at a reasonable rental per day based upon the value of the portion of the Mortgaged Premises so Deed of Trust (Security Agreement, Financing Statement) 10 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] occupied, such rental to be due and payable daily to the purchaser. An action of forcible detainer shall lie if the tenant holds over after a demand in writing for possession of such Mortgaged Premises; and this agreement and any trustee's deed shall constitute a lease and agreement under which the tenant's possession, each and all, arose and continued. 18. Grantors will not, without the prior written consent of Beneficiary, execute or deliver any pledge, security agreement, mortgage or deed of trust covering all or any portion of the Mortgaged Premises (hereinafter called "Subordinate Mortgage "). In the event of consent by Beneficiary to the foregoing or in the event the foregoing prohibition is determined by a court of competent jurisdiction to be unenforceable by the provisions of any applicable law, Grantors will not execute or deliver any Subordinate Mortgage unless there shall have been delivered to Beneficiary not less than ten (10) days prior to the date thereof a copy thereof which shall contain express covenants to the effect: (a) That the Subordinate Mortgage is in all respects unconditionally subject and subordinate to the lien, security interest and assignment evidenced by this Deed of Trust and each term and provision hereof; (b) That if any action or proceeding shall be instituted to foreclose the Subordinate Mortgage (regardless of whether the same is a judicial proceeding or pursuant to a power of sale contained therein), no tenant of any portion of the Mortgaged Premises will be named as a party defendant, nor will any action be taken with respect to the Mortgaged Premises which would terminate any occupancy or tenancy of the Mortgaged Premises without the prior written consent of Beneficiary; (c) That the Rents and Profits, if collected through a receiver or by the holder of the Subordinate Mortgage, shall be applied first to the obligations secured by this Deed of Trust, including principal and interest due and owing on or to become due and owing on the Note and the other indebtedness secured hereby and then to the payment of maintenance, operating charges, taxes, assessments, and disbursements incurred in connection with the ownership, operating and maintenance of the Mortgaged Premises; and (d) That if any action or proceedings shall be brought to foreclose the Subordinate Mortgage, written notice of the commencement thereof will be given to Beneficiary contemporaneously with the commencement of such action or proceeding. 19. Nothing herein contained shall be so construed or operate as to require Grantors to pay interest on the Note or Notes, or any other liability or debt now existing or hereafter to exist hereunder at a rate greater than that allowed by Law, and if any provisions herein contained do, or would, presently and prospectively, operate to make this Deed of Trust or any part thereof void, voidable or ineffective, then such provisions only shall be held for naught and as though not herein contained and shall be without effect upon or prejudice to the remaining provisions, which shall nevertheless remain operative. Any of said contracts for interest shall be held subject to reduction to the highest amount allowed under applicable law as now or hereafter construed by courts having jurisdiction. 20. If, while this trust is in force, the title of the Trustee to, or the interest of Beneficiary in, the Mortgaged Premises hereby conveyed or any part thereof, shall be endangered or shall be attached directly, or indirectly, Grantors hereby authorize Beneficiary, at Grantors' expense, to take all necessary and proper steps for the defense of such title or interest, including the employment of counsel, the prosecution or defense of litigation, and the compromise or discharge of claims made against such title or interest. At any time any law shall be enacted imposing or authorizing the imposition of any tax upon this Deed of Trust, or upon any rights, titles, liens, or security interests created hereby, or upon the Note, or any part thereof, or any other indebtedness secured hereby, Grantors shall immediately pay all such taxes; provided that, in the alternative Grantors may, in the event of the Deed of Trust (Security Agreement, Financing Statement) 11 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] enactment of such a law, and must, if it is unlawful for Grantors to pay such taxes, prepay the Note, and any other indebtedness secured hereby, in full with sixty (60) days after demand therefor by Beneficiary. Grantors shall at any time and from time to time, furnish promptly, upon request, a written statement or affidavit in such form as may be required by Beneficiary, stating the unpaid balance of the Note, and any other indebtedness secured hereby, and that there are no offsets or defenses against full payment of the Note, and any other indebtedness secured hereby, and performance of the terms hereof, or if there are any such offsets and defenses, specifying them. 21. Unless Grantors have provided a survey of the Mortgaged Premises which shows to the contrary, Grantors represent and warrant that none of the Mortgaged Premises, or any part thereof, is situated within a flood plain, flood prone areas, special flood hazardous areas or the like, as so designated by the applicable Flood Hazard Boundary Map or any such similar map or plat issued or controlled by The Flood Insurance Administration and /or any other federal agency appointed to regulate such matters under the Federal Flood Disaster Protection Act, as amended, and Grantors hereby indemnify and hold Beneficiary harmless, from any claims and /or costs arising against or waived by Beneficiary if the Mortgaged Premises are, in fact, determined to be in such an area. In the event that the foregoing blank is checked, Grantors will keep the Mortgaged Premises insured for the protection of Beneficiary against loss by flood, and the provisions of this Deed of Trust concerning amounts of coverage, payment of premiums, endorsements, payment and application of insurance proceeds, and other matters regarding hazard insurance shall apply with equal force to Grantors' obligation herein to obtain flood insurance. 22. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Mortgaged Premises, the unsecured or partially secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or fully secured by the lien of this Deed of Trust. 23. Whenever used the singular number shall include the plural, the plural the singular, the use of any gender shall include all genders. The words "Grantors" and "Beneficiary" shall include their heirs, executors, administrators, successors and assigns and the word "Trustee" shall include his successors and substitute trustees. 24. Beneficiary shall have the right to become the purchaser at all sales to enforce this trust, being the highest bidder, and to have the amount for which such property is sold credited on the debt then owing. 25. Grantors will pay all reasonable attorney's fees and expenses which may be incurred by the Beneficiary or Trustee, in enforcing the terms of the Note and this Deed of Trust, or in any suit to which the Beneficiary or Trustee may become a party where the Deed of Trust or the Mortgaged Premises are in any manner involved and all expenses incurred in presenting a claim against the estate of a decedent or a bankrupt and will also pay any attorney's fees and expenses reasonably incurred in connection with the assignment to Beneficiary of any leases subsequently entered into by Grantors which by the terms hereof are required to be assigned to Beneficiary as additional collateral to secure payment of the indebtedness herein secured as well as any and all such fees and expenses reasonably incurred prior to full and final payment of such indebtedness relating to future advances, transfer of title to the premises and similar matters not otherwise provided for herein. 26. With respect to any personal property herein described this Deed of Trust shall constitute a Security Agreement between Grantors and Beneficiary, and, cumulative of all other rights of Beneficiary hereunder, Beneficiary shall have all of the rights conferred upon secured partied by the Uniform Commercial Code, as amended, as to this property. This Deed of Trust, as a Financing Statement, covers the following types property: Minerals, crops and goods that are, or are to become, fixtures as more fully described herein, and related to the real estate described herein, and it is intended that as to those goods and the proceeds thereof, this Deed of Deed of Trust (Security Agreement, Financing Statement) 12 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] Trust shall be effective as a Financing Statement filed as a mineral, crop and fixture filing from the date of its filing for record in the Real Estate Records of the County in which the land is located. Information concerning the security interest created by this instrument may be obtained from the holder of this indebtedness and secured party at the Post Office address as shown in Paragraph numbered 1 of this Deed of Trust. Until the lien of this Deed of Trust is released or satisfied of record, Grantors agree, if requested by Beneficiary so to do, to execute one or more Financing Statements covering such personal property, in the manner and form required by law and to the satisfaction of Beneficiary. Grantors agree to pay Beneficiary's charge, to the maximum amount permitted by law, for any statement by Beneficiary regarding the obligations secured by this Deed of Trust, requested by Grantors or on behalf of Grantors. On demand, Grantors will promptly pay all costs and expenses of filing Financing Statements, continuation statements, partial releases and termination statements deemed necessary or appropriate by Beneficiary to establish and maintain the validity and priority of the security interest of Beneficiary or any modification thereof, and all costs and expenses of any searches reasonably required by Beneficiary. Beneficiary may exercise any or all of the remedies of a secured party available to it under the Uniform Commercial Code, as amended, with respect to such personal property, and it is expressly agreed that if upon default Beneficiary should proceed to dispose of the collateral in accordance with the provisions of the Uniform Commercial Code, as amended, ten (10) days notice by Beneficiary to Grantors shall be deemed to be reasonable notice under any provision of the Uniform Commercial Code, as amended, requiring such notice; provided, however, that Beneficiary may at its option dispose of the collateral in accordance with Beneficiary's rights and remedies in respect of the real property pursuant to the provisions of this Deed of Trust, in lieu of proceeding under the Uniform Commercial Code, as amended. 27. It shall be a default hereunder if Grantors should sell (be executory Contract for Deed or otherwise), assign or convey any part or all of the Mortgaged Premises (regardless of whether the buyer or assignee "assumes" the indebtedness hereby secured or takes "subject to" such indebtedness) without first obtaining the written Consent of Beneficiary; provided, however, this paragraph shall not apply to sales of standard inventory items of personal property in the ordinary course of Grantors' business. 28. Expenses; Indemnification. To the extent not prohibited by applicable law, Grantors will pay all costs and expenses and reimburse Bank for any and all expenditures of every character, including, but not limited to, the fees and expenses of counsel for Bank, incurred or expended from time to time, regardless of whether a default or event of default shall have occurred in connection with: (a) Bank's evaluating, monitoring, administering and protecting the Mortgaged Premises; and (b) Bank's creating, perfecting or realizing upon Bank's security interest in and liens on the Mortgaged Premises, and all costs and expenses relating to Bank's exercising any of its rights and remedies under this or any of the other security instruments or at law, including, without limitation, all appraisal fees, consulting fees, filing fees, taxes, brokerage fees and commissions, title review and abstract fees, Uniform Commercial Code search fees, other fees and expenses incident to title searches, reports and security interests, escrow fees, attorneys' fees, legal expenses, court costs, fees and expenses incurred in connection with it; provided, that no right or option granted by Grantors to Bank or otherwise arising pursuant to any provision of this or any other instrument shall be deemed to impose or admit a duty on the Bank to supervise, monitor or control any aspect of the character or condition of the Mortgaged Premises or any operations conducted in connection with it for the benefit of Grantors or any other person or entity other than the Bank. The Grantors agree to indemnify, defend and hold the Bank, its directors, officers and employees (collectively, "Indemnified Parties ") harmless from and against any and all loss, liability, obligation, damage, penalty, judgment, claim, deficiency and expense (including interest, penalties, attorneys' fees and amount paid in settlement), regardless of whether the same was caused in whole or in part by the negligence of any of the Indemnified Parties, to which the Indemnified Parties may become subject arising out of or in connection with this Agreement, the Note, any other security instruments hereto or any transaction contemplated herein to therein (other than those which arise by reason of the gross negligence of the Bank). Any amount to be paid hereunder by the Grantors to the Bank shall be a demand obligation owing by the Grantors to the Bank and shall bear interest from the date of expenditure at the Deed of Trust (Security Agreement, Financing Statement) 13 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] highest lawful rate. 29. Environmental Matters. Without the Bank's prior written consent, Grantors shall not use, store, treat, generate, release, discharge, dispose or transport any Hazardous Materials on, under, in, above, to or from the Mortgaged Premises. For the purposes of this section, "Hazardous Materials" shall refer to any underground storage tank, petroleum, polychlorinated biphenyls or other substances, materials and wastes that are or become regulated as hazardous or toxic substances under any applicable local, state or federal law, regulation or order, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act, each as amended from time to time (herein collectively called "Environmental Laws "). Grantors shall indemnify, defend and hold Bank harmless from and against; (a) any loss, costs, expense, claim or liability arising out of any investigation, monitoring, clean -up, containment, removal, storage, remedial or restoration work ( "Remedial Work ") required by Bank, or any non - governmental entity or person, or any governmental agency or political subdivision which requires Remedial Work upon a reasonable belief that the Remedial Work is required by the Environmental Laws; and (b) any claims of third parties for loss, injury, expense or damage arising out of the use, presence, treatment, generation, release, discharge, disposal or transportation of any Hazardous Materials on, under, in, above, to or from the Mortgaged Premises. In the event any Remedial Work is so required under applicable Environmental Laws, Grantors shall perform or cause to be performed the Remedial Work in compliance with all Environmental Laws. All Remedial Work shall be performed by one or more contractors under the supervision of a consulting engineer, each contractor and the consulting engineer being selected by Grantors and approved in advance in writing by Bank. Grantors shall promptly provide the Bank with copies of the remedial plan and allow the Bank to attend meetings among Grantors, the consulting engineer, the contractors and any regulatory authority. In the even Grantors shall fail to commence the Remedial Work in a timely fashion or fail to prosecute diligently the Remedial Work to completion, Bank may, but shall not be required to, cause the Remedial Work to be performed, subject fully to the indemnification provisions of this section. It shall not be necessary for the Bank to incur any expense to enforce this indemnification, and the indemnification contained herein shall survive repayment of the Note and release of the lien of this Deed of Trust and shall be fully applicable notwithstanding any negligence on the part of any Indemnified Party. The liabilities and covenants of Grantors hereunder may not be assigned and any such assignment shall be null and void without the Bank's prior written consent. 30. Security Interest. Grantor also grants to the trustee a security interest in all oil, gas, and other minerals that might be produced from the land covered by this deed of trust. This deed of trust (i) is to be filed in the real property records of the county in which the land is located, (ii) covers all "as- extracted collateral," as defined in Texas Business and Commerce Code §9.102, attributable to the land, (iii) serves as a security agreement covering the as- extracted collateral, (iv) serves as an assignment of all payments made for damages or anticipated damages to the land, and (v) serves as a financing statement covering as- extracted collateral and fixtures as provided in Texas Business and Commerce Code §9.502. The provisions of this paragraph are cumulative of all other provisions of this deed of trust. ADDITIONAL PROVISIONS: The note secured hereby is primarily secured by the Vendor's Lien retained in the Deed of even date herewith conveying the property to Grantors, which Vendor's Lien has been assigned to Lender, this Deed of Trust being additional security therefore. El The note secured hereby is in renewal and extension, but not in extinguishment of that certain indebtedness described on Renewal and Extension Exhibit attached hereto. ❑ Acknowledgment of Cash Advanced Against Non - Homestead Property. The Note represents funds Deed of Trust (Security Agreement, Financing Statement) 14 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] advanced to Borrower on this day at Borrower's request and Borrower acknowledges receipt of such funds. Borrower states that Borrower does not now and does not intend ever to reside on, use in any manner, or claim the Property secured by this Security Instrument as a business or residential homestead. Borrower disclaims all homestead rights, interests and exemptions related to the Property. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. EXECUTED this Twenty -first day of February, 2014 GRANTOR(S) AND MAILING ADDRESS(ES): Signett VV Tyce ffie Massey Mailing address: 13 Woodlodge Huntsville, TX 77320 STATE OF TEXA COUNTY OF Date The sregoing instrument was acknowledged before me � is+N !Nolay of Tyceffi: M .e ,- ��Q •• 671- -_ :2J JQ ••'� No Publ� --r' /! ► 1 t _ )= :. w'`r= �Q'N� y commission expires S ((i- rGf , •.•• •.• ,,.• MLO Organization: First National Bank of Huntsville �f�f /�� /0/iiiiii������`�\��\�\\\` ID: 483909 MLO Individual: Lorri Lehman ID: 491167 [Sign Originals Only] Deed of Trust (Security Agreement, Financing Statement) 15 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 6506 M02042014] METES AND BOUNDS DESCRIPTION of Lot 2 of Vann - Johnson Subdivision, Huntsville, Texas Being a 0.195 of an acre (8,512 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 2 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.195 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the southeasterly corner of Lot 3 of said Vann - Johnson Subdivision, same being the northeasterly comer of said Lot 2, being in the easterly line of said 1.17 acre tract, from which a found 5/8 -inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the northeasterly corner of Lot 1 of said Vann-Johnson Subdivision, being the southeasterly coiner of said Lot 2; THENCE, South 87 °24'13" West, a distance of 80.17 feet, along the northerly line of said Lot 1, being the southerly line of said Lot 2 to a found 5/8 -inch iron rod with cap at the northwesterly corner of said Lot 1, being the northeasterly corner of that certain tract of land conveyed to Florin Randle by deed and recorded in Volume 179, Page 541 of said Deed Records, same being an el corner in the westerly line of said 1.17 acre tract; THENCE, South 88 °31'13" West, a distance of 70.00 feet, along the northerly line of said Florine Randle tract, being the southerly line of said Lot 2, same being the westerly line of said 1.17 acre tract to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Florine Randle tract, same being the southwesterly corner of said Lot 2; THENCE, North 02 °35'47" West, a distance of 55.64 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of said Lot 3, being the northwesterly corner of said Lot 2; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 3, being the northerly line of said Lot 2 to the Point of Beginning and containing 0.195 of an acre of land. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.3.1 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780:255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11 -249 -027 `0 F TF STEPHEN M. CHRUSZCZAK t0 937 t1' r !t tut�[tt1IBI S ._ PAGE _L OF LEGEND -3 GUY WIRE 1A11-1 POWER POLE SIGN WATER WELL FOUND MONUMENTTION • (TYPE NOTED) 0 METER BOX —P— POWER LINES — //— FENCE /// EDGE OF ASPHALT ai al al ml 21 SET.5 /8 "I.R. w "GS 'CAP m o- co WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY, TEXAS PLAT RECORDS WALKER COUNTY. TEXAS CLEAN OUT FIRE HYDRANT D.R.W.C.T. 0.P.R,W.C.T. P.R.W.C.T. LOT 3 VANN- JOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. N87'24'13 E 150.16' 10' B.L. PER PLAT 0 15 30 SCALE: 1" = 30' P. Et 5 IN 0 10' B.L. PER PLAT LOT LINE JX3 P - STE S LOT 2 0.195 ACRES (8,512 SQ. FT.) FND.5 /8 "I.R. 10' B.L. PER PLAT W CAP SUBDIVISION LINE S88-.31'13" W 70.00' CNA/NLINN FENCE FLORINC RANDLE VOL. 179, PC. 547 D. R. TY. C. 7'. ,o N 49.0•- . , , .. 1 —STORY BRICK BUILDING N U 0 a p 31.7' J' Ima INW 49.0' =,_ — '- '_' -'_ 31.6' LOT LINE FNO.5 /8 "I.R. S8724'13 'W W /CAP 80.17' SURVEYOR'S CERTIFICATE 1 hereby certify to The City of Huntsville that this survey was made on the ground and completed on November 9, 2012 that this drawing correctly represents the facts found at the time of survey and that this professional service substantially conforms to the current Texas Society of Professionol Surveyors Standards. and Specifications for a Category 1B. Condition II Survey. Step'1tco61. ChruszczoV,2 R.P.L.S. No. 5937 NOTES: 1. This survey was performed without the benefit of a Title Commitment. 2. Horizontal Control is bosed on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10.262,485,31 & East= 3.802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & Eost= 3,801,780.255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in 'Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale foctor of 0.99988. 3. Square footage totols shown hereon are bosed on mathematical closures and do not necessarily represent the positional occurocy of the boundary monumentation. WI m 0) Iw a Im 11,1 LOT1 10' U.E. PER PLAT 60 DA RVIC POLE tli 0 i ' ONC.�II6 0 Ni FND.1 /2 "IR CALLED 150' ROAD PT. hESIDUE clews Mos. & Co. (ADICKES BRACT No. 9) VOL 85.rPAGE 161 D.R.W.0. T. ASBUILT SURVEY OF LOT 2 OF VANN- JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions,LLC 25814 Budde Rood Spring, Texas 77380 Phone: 281-681-9766 Fox:281 -681 -9779 Wowlno sy KC poi. 11/12/12 1' =30' aeoxoo en MC ce.: N/A Proloci No. 11- 249 -027 Drawln9 Noma LOT2- ASB.DWG A /Ioa /KU No. N/A DISCLOSURE TO SELLER In representing the lender's interests in the loan transaction with the Borrower who is purchasing your property, Hay Darby PLLC, Attorney at Law has prepared a General Warranty Deed or other instruments whereby the secured property is conveyed by you, as Seller, to the Borrower. The Lender must be assured that good title to the secured property is conveyed to the Borrower and that a vendor's lien is properly retained in such instrument benefitting the Lender. Unless otherwise provided in your sales contract with the Borrower, you as Seller are obligated to pay at the time of closing, or on demand, the legal fees of Hay Darby PLLC, Attorney at Law for preparation of the General Warranty Deed or other conveyancing instrument. The charge for such services is set forth on the closing or settlement statement furnished by the closing agent. By signing below, you acknowledge (i) Hay Darby PLLC, Attorney at Law, has not represented your interests as Seller in preparation of such instrument and has not given you legal advice in any regard, including expressly legal advice regarding the contract to sell the secured property, the legal instruments, or the closing of the transaction, and (ii) that you may consult independent counsel or hire an attorney to represent and advise you with respect to these matters, and the consequences of this transaction for you. Se CITY VILLE Date Seller Date Seller LOAN NO.: 77099912611c Date Seller Date Disclosure to Seller Fonn - HCSELDIS -6372 (Ver. 12 -2013) ORIGINAL February 21, 2014 [Date] NOTE Loan # 166613 Huntsville TX [City] [State] 123 Avenue D, Huntsville, TX 77320 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that Tyceffie Massey ( "Borrower ") has received, Borrower promises to pay U.S. $86,925.00, (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is First National Bank of Huntsville . Borrower will make all payments under this Note in the form of cash, check, money order or electronic funds transfer. Borrower understands that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST RATE AND PAYMENTS (A) Interest Rate Interest will be charged on unpaid principal until the full amount of Principal has been paid. Borrower will pay interest at a yearly rate of 5.000 %. If Borrower is in default as described later in this Note, interest will accrue at the "Maximum Rate ". "Maximum Rate" means at the particular time in question the maximum rate of interest which, under applicable law, state and federal, may then be charged on this Note. If applicable law ceases to provide for such maximum rate of interest, the Maximum Rate means eighteen percent (18.00 %) per annum. (B) Payments (1) Place of Payments Borrower will make its monthly payments at 1300 11th Street, Huntsville, TX 77340 or at a different place if required by the Note Holder. (2) Amount and Time of Payments Borrower will make payments as follows: Principal and interest are payable in monthly installments of $467.77 each month beginning April 7, 2014 and continuing regularly in like installments each period on the same day of the month in each period until March 7, 2044 (the "Maturity Date ") when all unpaid principal and interest is due and payable. Each installment will be applied first to payment of accrued interest on the unpaid principal, and the remainder will be applied to reduction of unpaid principal. (C) Accrual Method (1) Actual / 365 Method All payments of interest shall be computed on the per annum basis of a year of 365 days (or 366, as the case may be) and for the actual number of days elapsed. (2) True Daily Earnings Method Interest will be computed according to the true daily earnings method. The true daily earnings method is a method to compute an interest charge by applying a daily rate to the unpaid balance of the amount financed. The earned finance charge is computed by multiplying the daily rate by the number of days the actual principal balance is outstanding. The daily rate is the equivalent contract rate for a year with the number of days indicated in (C)(1) above. 3. PREPAYMENT Note 1 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 7614 M05242010] Borrower has the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a Prepayment. When Borrower makes a Prepayment, Borrower will tell the Note Holder in writing that Borrower is doing so. Borrower may not designate a payment as a Prepayment if Borrower has not made all the monthly payments due under the Note. Borrower may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use Borrower's Prepayments to reduce the amount of Principal that Borrower owes under this Note. However, the Note Holder may apply Borrower's Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying Borrower's Prepayment to reduce the Principal amount of the Note. If Borrower makes a partial Prepayment, there will be no changes in the due dates of Borrower's monthly payment unless the Note Holder agrees in writing to those changes. 4. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. The Note Holder may choose to make this refund by reducing the Principal Borrower owes under this Note or by making a direct payment to Borrower. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default If Borrower does not pay the full amount of each monthly payment on the date it is due, Borrower will be in default. (B) Notice of Default If Borrower is in default, the Note Holder may send Borrower a written notice telling Borrower that if Borrower does not pay the overdue amount by a certain date, the Note Holder may require Borrower to pay immediately the full amount of Principal which has not been paid and all the interest that Borrower owes on that amount. (C) No Waiver By Note Holder Even if, at a time when Borrower is in default, the Note Holder does not require Borrower to pay immediately in full as described above, the Note Holder will still have the right to do so if Borrower is in default at a later time. (D) Payment of Note Holder's Costs and Expenses If the Note Holder has required Borrower to pay immediately in full as described above, the Note Holder will have the right to be paid back by Borrower for all reasonable costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. (E) Not Sufficient Funds Fees If not prohibited by applicable law, Borrower agrees to pay an amount charged by Lender not to exceed $28.00 (or the maximum amount allowed by applicable law if applicable law limits said fee to an amount less than $28.00) for each check, draft, order or other instrument or form of remittance made in payment on this note that is returned to Lender unpaid or dishonored for any reason. (F) Late Charges for Overdue Payments Notwithstanding anything to the contrary set forth in this Note, Mortgage /Deed of Trust or the other loan documents, to the extent not prohibited by Texas and applicable federal law, Borrower hereby agrees to the following: Late Fee. In the event any payment amount, or any part thereof, remains unpaid for more than Ten (10) days past the due date thereof as provided in this Note, Borrower shall pay to Note Holder, in addition to any other amounts to which Note Holder may be entitled hereunder, a reasonable late payment fee equal to Five (5.000 %) of the overdue payment. This amount is stipulated by Borrower to be reasonable in order to compensate Note Holder for its additional costs incurred as a result of having to attend to such delinquency. This late charge should be paid only once, but promptly, as to each respective late payment. It is further agreed that the imposition of any such late payment fee shall in no way prejudice or limit Note Holder's rights or remedies against Borrower under this Note, Mortgage /Deed of Trust or the other loan documents or any other instrument. Note 2 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 7614 M05242010] 6. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower gives the Note Holder a notice of Borrower's different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 2(B) above or at a different address if Borrower is given a notice of that different address. 7. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 8. WAIVERS Borrower waives Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 9. SECURITY This Note is secured by 123 Avenue D, Huntsville, TX 77320. As further security for this Note, Borrower grants to the Note Holder a lien and contractual right of offset in and to all borrower's money and property now or at any time hereafter coming within the custody or control of the Note Holder, including, without limitation, all certificates of deposit and other accounts, whether such certificates or accounts have matured or not and whether exercise of such right of offset results in loss of interest or other penalty under the terms of the certificate or account agreement. This Note is further secured by a Deed of trust of even date herewith, to Lorri Lehman, Trustee, covering the real property described to wit: Being 0.195 of an acre of land, more or less, situated in the P. Gray League, A -24, Walker County, Texas and being all of Lot Two (2), Vann - Johnson Subdivision, a subdivision in the City of Huntsville, according to the map or plat thereof recorded in Volume 5, Page 81 of the Plat Records, Walker County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. 10. APPLICABLE LAW This Note is being executed and delivered and is intended to be performed in the State of Texas and shall be construed and enforced in accordance with and governed by the laws of the State of Texas and applicable federal law. All legal proceedings brought to enforce or interpret this Note shall be in the appropriate court located in Walker County, Texas. In the event of a conflict between any provision of this Note and applicable law, the applicable law shall control to the extent of such conflict and the conflicting provisions contained in this Note shall be modified to the extent necessary to comply with applicable law. All other provisions in this Note will remain fully effective and enforceable. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses Note 3 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 7614 M05242010] which might result if Borrower does not keep the promises which Borrower makes in this Note. That Security Instrument describes how and under what conditions'I may be required to make immediate payment in full of all amounts Borrower owed under this Note. 12. DUE ON TRANSFER If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 13. NO ORAL AGREEMENTS THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 1 a Signature; Date Tyce Massey [Sign Originals Only] MLO Organization: First National Bank of Huntsville ID: 483909 MLO Individual: Lorri Lehman ID: 491167 Note 4 ©PeirsonPatterson, LLP.- Arlington, Texas 2004 -2009 1520130214 [Doc Id 7614 M05242010] METES AND BOUNDS DESCRIPTION of Lot 2 of Vann- Johnson Subdivision, Huntsville, Texas Being a 0.195 of an acre (8,512 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 2 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.195 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the southeasterly corner of Lot 3 of said Vann- Johnson Subdivision, same being the northeasterly corner of said Lot 2, being in the easterly line of said 1.17 acre tract, from which a found 5/8 -inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the northeasterly corner of Lot 1 of said Vann-Johnson Subdivision, being the southeasterly comer of said Lot 2; THENCE, South 87 °24'13" West, a distance of 80.17 feet, along the northerly line of said Lot 1, being the southerly line of said Lot 2 to a found 5/8 -inch iron rod with cap at the northwesterly corner of said Lot 1, being the northeasterly corner of that certain tract of land conveyed to Florin Randle by deed and recorded in Volume 179, Page 541 of said Deed Records, same being an el corner in the westerly line of said 1.17 acre tract; THENCE, South 88 °31'13" West, a distance of 70.00 feet, along the northerly line of said Florin Randle tract, being the southerly line of said Lot 2, same being the westerly line of said 1.17 acre tract to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Florine Randle tract, same being the southwesterly corner of said Lot 2; ''HENCE, North 02 °35'47" West, a distance of 55.64 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of said Lot 3, being the northwesterly corner of said Lot 2; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 3, being the northerly line of said Lot 2 to the Point of Beginning and containing 0.195 of an acre of land. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780:255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11 -249 -027 E [ 3IT " " r ,` 11,,.C'T I ._,L_.. OF LEGEND GUY WIRE POWER POLE SIGN WATER WELL FOUND MONUMENTTION (TYPE NOTED) METER BOX POWER LINES FENCE o- coo`_ Y WATER VALVE CLEAN OUT FIRE HYDRANT D.R.W.C.T. 0.P.R,W.C.T. /// EDGE OF ASPHALT P.R.W.C.T. al al ml of L SET5/8 "I.R. W / "GS' CAP DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY, TEXAS PLAT RECORDS WALKER COUNTY, TEXAS LOT 3 VANN- JOI1NSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. N87'24'13' E 150.16' 0 15 30 SCALE: 1" = 30' IQ la W I. co IN J 10' B.L. PER PLAT 60 LOT LINE FND. 3/8 "I. R. 10' B.L. PER PLAT LOT 2 0.195 ACRES 49.0' 1 —STORY BRICK BUILDING z �W ii FND.5/8 "1. R. W CAP SUBDIv1S10N LINE 5U3 7%24'13" S88'31'13 "W FND.S /8"I.R. 824'1 70.00' W /CAP FtE B.L PER PLAT1¢ 10' B.L. PER PLAT CHA /NL/NK FENCE FLORTNE RANDLE VOL. 179, PC. 541 SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that this survey was mode on the ground and completed on November 9. 2012 that this drawing correctly represents the facts found at the time of survey and that this professional service substantiolly conforms to the current Texas Society of Professional Surveyors Standards. and Specifications for o Category 1B. Condition II Survey. Stephea1t. Chruszczal�," R.P.L.S. No. 5937 NOTES 1. This survey was performed without the benefit of o Title Commitment. 2. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinote of North = 10,262.465.31 & Eost= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & Eost= 3,601.780.255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown ore US Survey Feet in 'Field Horizontal- units and may be converted to 'GRID- units by multiplying by a combined scale factor of 0.99988. 3. Square footoge totals shown hereon are based on mathematical closures and do not necessarily represent the positional accurocy of the boundary monumentotion. ml N LOT 1 10' O NI FND.1 /2.IR CALLED150' ROAD PT. RESIDUE GIBBS 6405. & c0. (ADICKES IIRACT No. 9) VOL 85.i PAGE 161 D.R. W.C. T. ASBUILT SURVEY OF LOT 2 OF VANN - JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions, LLC 25614 Budde Rood Spring, Texas 77380 Phone:281- 681 -9766 Fox: 281-681-9779 orowt,. a, KC Dot", 11/12/12 se.: 1 " =30' Checked BY: MC r.n.: N/A Project No. 11- 249 -027 Wowing Nam. LOT2- ASB.DWG Alto, /KM No. N/A State of TEXAS County of WALKER Date: February 21, 2014 Note: PARTIAL RELEASE OF LIEN Date: Original Principal Amount: Maker/B orrower: Payee /Lender: Holder of Note and Lien: Return to: WALKER COUNTY TITLE COMPANY 1109 UNIVERSITY AVENUE HUNTSVILLE, TEXAS 77340 GF# 0103- -/ June 19, 2012 $594,033.20 City of Huntsville, a political subdivision of the State of Texas Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas Holder's Mailing Address (including county): PO Box 13941 Austin, Travis County, Texas 78711 -3941 Note and Lien are described in the Following Documents: Interim Construction Deed of Trust (With Security Agreement and Assignment of Rents) dated June 19, 2012, executed by City of Huntsville, a political subdivision of the State of Texas to Timothy K. Irvine, Trustee, securing the payment of one note of even date therewith in the principal sum of $594,033.20, payable to Texas Department of Housing and Community Affairs, filed for record with the County Clerk of Walker County, Texas on June 27, 2012, in /under Document No. 00004670 and in Volume 1029, Page 142 of the Official Public Records, Walker County, Texas; Modification, Renewal and Extension Agreement dated December 13, 2012 executed by and between City of Huntsville, a political subdivision of the State of Texas and Texas Department of Housing and Community Affairs, filed for record with the County Clerk of Walker County, Texas on December 17, 2012 in /under Document No. 00009693 and in Volume 1052, Page 872 of the Official Public Records, Walker County, Texas; Property (including any improvements) To Be Released from Lien ( "Property "): PARTIAL RELEASE TRACT 2: BEING 0.195 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT TWO (2), TXPARTIALRELOFLIENI Page 1 eft VANN - JOHNSON SUBDIVISION, A SUBDIVISION IN CITY OF HUNTSVILLE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Property Address: 123 Avenue D, Huntsville, Texas 77320 For value received, Holder of the Note and Lien hereby RELEASES only the Property from the Lien and from all other liens (including without limitation any vendor's lien) held by Holder of Note and Lien. When the context requires, singular nouns and pronouns include the plural. Executed to be effective February 21, 2014 in Travis County, Texas. Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas `' /.�(�• BY: It -� ` Name: 1 L'. i / =rI Its: Duly Authorized Representative THE STATE OF TEXAS COUNTY OF TRAVIS This jnstrument was acknowle ed Wore me on the by ►'Q�,V Or L. f I 1Iwa- For the Texal Department of Housing and Co behalf of said Agency. `pO1pP'!,Pb �� , CONNIE NUNLEY �`c`: Notary Public, State of Texas = Notary Wtthout Bond ■ My Commission Expires '9rF AUGUST 12, 2014 My Commission Expires: - 1 Z - Xt y (Corporate or Other Entity Acknowledgement) 2154" Fe„br.l_ccr day of y ,2014, , Duly Authorized Representative munity Affairs, a public and official agency of the State of Texas, on 17111/1.A.LiL) )7tA4\--(iY Notary Public, State of —re X Gt Notary's Name (printed) 0,0 n 1-e r1'Q 11 AFTER RECORDING RETURN TO: City of Huntsville 1212 Avenue M Huntsville, Texas 77340 TXPARTIALRELOFLIEN 1 Page 2 of 2 METES AND BOUNDS DESCRIPTION of Lot 2 of Vann-Johnson Subdivision, Huntsville, Texas Being a 0,195 of an sore (8,512 squats feet) tract of land located in the Pleasant Gray League, Absbact 24, Walker County, Tons and being all of Lot 2 of the Vann - Johnson Subdivision, as recorded In Volume 5, Page 81 of the Plat Records of Walker Cotmty, Tone (P,R,W.C.T.) same being a portion of that certain palled 1,17 aoro tract of land convoyed to the City of Huntsvillo by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T,); said 0.195 of an acre of land being more particularly described by mates and bounds as follows: BEGINNING at a point In tho westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County; Texas (D.R.W.C.), being the southeasterly corner of Lot 3 of said Vann-Johnson Subdivision, seine being the northeasterly comer of said Lot 2, being in the easterly lino of said 1.17 acre traot, from which a found 5/8 -inch iron rod with cap bears South 57°23' West, 0.42 feat; THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 2 and said 1.17 acre tract to a found 5 /8 -Inoh iron rod with pap at the northeasterly corner of Lot 1 of said Vann-Johnson Subdivision, being tho southeasterly corner of mid Lot 2; 11-15NCE, South 87°24'13" West, a distance of 80,17 feet, along the northerly lino of said Lot 1, being the southerly line of sold Lot 2 to a found 5/8 -inch iron rod with cap at the northwesterly oornor of sold Lot I, being the northeasterly comer of that certain tract of land conveyed to Flm hto Randlo by deed and recorded in Volume 179, Page 541 of said Deed Records, same being au el corner in the wosterly line of said 1.17 naro tract; THENCE, South 88°31'13" West, n dlstanco of 70.00 feet, along tho northerly line of said Florins Randle tract, boing the southerly line of said Lot 2, saute being the westerly line of said 1.17 Bore tract to a found 5/8 -inch iron rod with cap in the easterly lino of that certain called 0.21 sore tract of land convoyed to Betty Randal by dead and recorded in Volume 94, page 180 of said Decd Records, being the northwesterly corner of said Florin° Randle traot, same being the southwesterly corner of said Lot 2; THENCE, North 02 °35'47" West, n distance of 55.64 feet, along the easterly line of said 0,21 acre tract, being the westerly line of said Lot 2 and said 1,17 acro traot to a found 5/8 -inch Iron rod with cap at the southwesterly comer of said Lot 3, being the northwesterly comer of said Lot 2; THENCE, North 87 °24'13" East, n distance of 150,16 feet, along the southerly lino of said Lot 3, being the northerly lino of said Lot 2 to the Point of Beginning and containing 0.195 of an acre of land. horizontal Control is based on holding City of Iiuntsville Monuments No. 7574 (grid eobrdioate of North =10,262,485,31 & Rash 3,802,009.473) and 7575 (grid coordinate of North 10,262,526.24 &Bast= 3,801,780,255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone, Distances shown are US Survey Peet in "Plaid Horizontal" nails and may be converted to "GRID" units by multiplying by combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by; GeoSolutlons, LLC 25814 Budd eRoad Spring, Texas Tel. 281. 681 -9766 Job No. 11 -249 -027 EXEC s,sgT "%(" LEGEND -) OW WIRE r®-I POWER POLE SIGN ® WATER WELL O FOUND MONUMENTOON (TYPE NOTED) OD METER BOX —9— POWER LINES —1/— FENCE -77T- EDGE .OF ASPHALT SE75 /8 "I.R. W "CS "CAP >NI es .;I Et CLEAN o5T + FIRE HYDRANT 0 WATER VALVE D.R.W.C.T. DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY. TEXAS P.R.W.C.T. PLAT RECORDS WALKER COUNTY. TEXAS LOT 3 VANN- JOHNSON SUBDIVISION VOL. 5, PC. 81 P.R.W.C.T. NS7 24'13 -nE 150.16' /0'81. PER PLAT IOW WIN 0 15 30 60 5CALE: 1" 30' � I It" Ce 1. `9 D -... 70 RE PER PLATT b�ND new "1 R L LOT 2 0.195 ACRES (8,512 SQ. F7.) FN15/8 "l.R, +o' 8.L Pon w.Ar W CAP 500004900 LINE S88"31'13 "W 70.00' u FFCNAe10551C5 C5 CE' F /AR /NAT MAZOLA` VOL 179, /C. 541 D./t7r.C..T . U11 1.54E 3X3' I f 31.7' 1 -STORY 0 BRICK 8 BUILDING xs.o' , 1.01 UK' I.: Oq 31.8' -1 7ND.5 /8 "1.R, S87 •24 13 W W /CAP 80.17' (- ITirw,L 'RA -K.7T4 Ia 1m LOTI, 1 SURVEYOR'S CERTIFICATE t hereby certify to The City of Huntsville that this survey wos mode on tho ground and completed on November 0, 2012 lhot this drowing corraotly ropresents the foals found at the time of survey and hot this/ professional service subetonttolly conforms to the 'current Taxes Society of Professlonol Surveyors Standards and Specifications for o Cotegory 18, Condition II Survey. Step'licn'M. Chrusxcznl�/ R.P.L. S. No. 5937 NOTES: 1. This survey wos performed without the bon,Ol of o Title Comm itmenl, 2. Horizontal Control Is based on holding Cl( y of Huntsville Monuments No. 7574 (grld coordinate of North . 10,282.485.31 & East. 3,802,009.473) and 7575 (grid coordinate of North a 10,262.528.24 5 Eo.I. 3,801,780.255). Beoringe described Ore related to the Texas Coofdinote System of 1983, Central Zone. Dislonaes shown ore US Survey Feel In 'Field Horizontal' units and may be converted to "GRID" units by multiplying by a combined scale (oator of 0.99988. 3. Square footoge tolole shown hereon ore based on mothemotiool olosuren and do not necessarily represent the positional occurocy of the boundory monumentollon. POLE 'I a ONC• 5 5) FND.1 /2 "!R c 97. PT, d0OS 0 WICKES VOL 55, o.R 50' ROAD 9.U£ DS. CO. IACT via 8) PAGE 000 w.c.7.. ASBUILT SURVEY OF LOT 2 OF VANN — JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions,LLC 25814 Budd, Rood Spring, Texas 77380 Phone: 261 -881 -9766 Fox:281 -081 -9779 rre),:et x4 11-249-027 rq. N/A 1..30 Wo.M tww AVeeAI . W LOT2- ASO,DWG N A :Gs FEBRUARY 21, 2014 VIA OVERNIGHT DELIVERY JUDY THORTON WALKER COUNTY TITLE 1109 UNIVERSITY AVENUE HUNTSVILLE, TX 77340 Re: NSP Homebuyer Assistance Loan in the amount of $ 4,775.00 ( "Loan ") from Texas Department of Housing and Community Affairs ( "TDHCA ") to TYCEFFIE MASSEY under the Neighborhood Stabilization Program ( "NSP ") Dear ( "Borrower ") JUDY THORTON , as agent for WALKER COUNTY TITLE ( "Title Company "), issued a Commitment of Title Insurance ( "Commitment "), bearing G.F. No. 2013121291 effective on FEBRUARY 21, 2014 , issued in connection with and is the subject of the above referenced Loan involving real property ( "Property"). The following documents are enclosed: 1. NSP Deferred Forgivable Subordinate Lien Note (HBA) in the amount of $ 4,775.00 ( "Note "); 2. NSP Subordinate Deed of Trust ( "Deed of Trust "); 3. Warranty Deed with Vendors Lien; 4. Truth in Lending Disclosure Statement ( "Disclosure "); 5. Request for Taxpayer Identification Number and Certification "W -9 "; 6. Survey; 7. Survey and Title Letter; 8. Notice of Invalidity of Oral Agreements ( "Notice "); 9. Deletion of Arbitration; 10. Document Correction Agreement; 11. TDHCA Welcome Letter and First Payment Coupon; 12. Signature/Name Affidavit; 13. Due on Sale /Affordability Disclosure 14. Initial Loan Contact Information; 15. Affidavit of Occupancy; 16. Texas Mortgage Fraud Notice; 17. Release of Lien (executed) (If Applicable); 18. Full Release of Land Use Restrictive Agreement(LURA) OR Partial Release of Land Use Restrictive Agreement ( "LURA ") (If applicable). LOAN NO.: 77099912611c TDHCANSPCLOSELTRHBA Fonn - TDHCAC3 -5086 (Ver. 11 -1013) Page 1 of 4 ORIGINAL 19. UCC -3 Amendment to be filed in the UCC County or Real Estate Records (If Applicable); and 20. UCC -3 Amendment to be filed with the Texas Secretary of State (If Applicable). 21. Attorney Representation and Fee Letter 22. Collateral Insurance Protection Letter 23. Notice Regarding Flood Insurance Coverage 24. Disclosure to Seller (if applicable) 25. Hazard Insurance Authorization and Requirements 26. Flood Insurance Authorization 27. Mineral Rights Acknowledgment and Agreement 28. Servicing Disclosure Statement 29. Borrower Certification and Authorization 30. Borrower(s) Acceptance of Property (if applicable) Items No. 1 through 30 inclusive, together with the Settlement Statement, are hereinafter collectively referred to as the "Closing Documents ". Also enclosed for your use are an executed Release of Lien and UCC -3 Amendments (2), if applicable to release the Property from the lien created by a prior security instrument filed by Lender against the Property. You are hereby authorized and instructed to: A. Prior to Closing, email the proposed HUD I Settlement Statement to Joniel Crim at Ioniel.crimAtdhca.state.tx.us and contact her by phone at (512) 475 -3865 to obtain oral verification to proceed with the closing. B. Ensure that Borrower has obtained property and casualty (hazard) insurance in the amount of the Loan showing TDHCA as loss payee. C. Ensure that Borrower provides evidence of completion of 8 hours of homebuyer counseling from a HUD - approved housing counseling agency before executing the Closing Documents. D. Ensure that Borrower brings a payment in an amount not less than $500.00 as down payment for the loan. E. Ensure that all Closing Documents are; (i) properly dated as of the date of closing, (ii) fully executed and acknowledged where applicable, (iii) all blanks are completed, and (iv) all exhibits are attached appropriately. F. Ensure that a vendor's lien is retained in the Warranty Deed in favor of TDHCA; G. The first lien loan amount is subject to 2% limitation on fees. H. Immediately following execution of the Closing Documents, please scan and email to Joniel Crim at joniel.crimAtdhca.state.tx.us all Closing Documents and any other documents signed by the Borrower at closing. After receiving email confirmation that all scanned Closing Documents were received, overnight the original Note and the insurance policy to (512) 475 -3865 at the address listed above. • Schedule A must reflect all TDHCA security documents. LOAN NO.: 77099912611c TDHCANSPCLOSELTRHBA Form - TDHCAC3-5086 (Ver. 11 -2013) Page 2 of 4 ORIGINAL • Schedule A should reflect proposed insured and proposed borrower under their full legal name(s): TYCEFFIE MASSEY • Schedule B item 2 must be modified to ,read "shortages in area ". • Schedule B Item No. 5 must read "Standby fees, taxes and assessments by any taxing authority for the year 2014 and subsequent years. Company insures that standby fees, taxes and assessments by any taxing authority for the year 2014 are not yet due and payable." • Schedule B Item No. 8 must be deleted. • Schedule C ALL Schedule C items must be satisfied, including any and all liens, so that such items are not exceptions on the Policy. • Additional Closing Conditions: Please see additional closing conditions following these instructions. I. Immediately following execution of the Closing Documents, please forward to the undersigned at the above address: The originals of the Note, Invalidity Notice, Insurance policy, Certified copies of all other Closing Documents and, Any other documents signed by the Borrower at closing. J. When the Closing Documents have been approved, the initial disbursement in the amount shown on the settlement statement will be wire - transferred to Title Company's account and you will be authorized and directed to disburse the initial disbursement in accordance with the settlement statement previously approved by TDHCA. K. No additions and /or corrections are to be made to the Closing Documents without prior approval of the undersigned. Ensure that Borrower receives copies of all executed Closing Documents and an Application for Residential Homestead Tax Exemption; At such time as all of the Closing Documents have been fully executed, dated and acknowledged, as appropriate, and all blanks have been completed, you are authorized and instructed to comply with the following instructions: 1. If applicable, file the Release of Lien and the Full OR Partial Release of LURA and the County UCC -3 Amendment in the Official Public Records of Real Property of WALKER County, Texas. 2. Next, file the State UCC -3 Amendment with the Office of the Secretary of State. 3. Lastly, file the Warranty Deed and then the Deed of Trust in the Official Public Records of Real Property of WALKER County, Texas. 4. Within sixty (60) days after disbursement, deliver the original recorded Deed of Trust and the policy along with copies of the Warranty Deed with Vendor's Lien, recorded Release of Lien, recorded Release of LURA, and recorded UCC -2 Amendment(s) to the undersigned as applicable. 5. If the title company receives the original recorded Warranty Deed, please deliver it to the Borrower. If the title company receives the original recorded release of lien, please deliver it to the Borrower. 6. If the title company receives the original recorded Release of Lien, please deliver it to the Seller. Prior to Closing, please sign and return to the undersigned one copy of this letter acknowledging your agreement to comply with the foregoing instructions (for your convenience, a faxed copy to will be sufficient). You are not authorized to proceed with the closing until you have complied with the foregoing. LOAN NO.: 77099912611c TDHCANSPCLOSELTRHBA Form - TDHCAC3 -5086 (Ver. 11 -2013) Page 3 of 4 ORIGINAL If you have any questions or desire any clarification of these instructions, please call Joniel Crim at (512) 475 -3865 If you have any legal questions regarding the Closing Documents, please call me at (512) 475 -3865 Sincerely, Joniel Crim Enclosures JUDY THORTON , as agent for WALKER COUNTY TITLE hereby acknowledges receipt of the above - listed documents and its agreement to comply with the terms of these instructions, except as limited by applicable laws and regulations, including Procedure Rule P -35 of the Texas Department of Insurance. JUDY T A41-T -ON' 7 r" t 4_ 7 ,t j , as agent for WALKER COUNTY TITLE Date: ° °� By: Name Title: LOAN NO.: 77099912611c TDHCANSPCLOSELTRHBA Form - TDHCAC3 -5086 (Ver. 11 -2013) Page 4 of 4 ORIGINAL Texas Neighborhood Stabilization Program (NSP) Homebuyer Assistance Deferred Forgivable Subordinate Lien Note ( "Note ") Date: FEBRUARY 21, 2014 Borrower: TYCEFFIE MASSEY Borrower's Mailing Address: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA ") Lender's Mailing Address: 221 East 1 1th St., Austin, Travis County, Texas 78701 P.O. Box 13941, Austin, Travis County, Texas 78711 -3941 PROPERTY: 123 AVENUE D HUNTSVILLE [Property] [City] WALKER TEXAS 77320 [County] [State] [Zip] more specifically described as. LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF [Legal Description] hereinafter referred to as "Property." 1. BORROWER'S PROMISE TO PAY Borrower promises to pay U. S. FOUR THOUSAND SEVEN HUNDRED SEVENTY FIVE AND 00 /100 dollars ($ 4,775.00 ) ( "Principal Amount ") to the order of the Lender. Borrower understands that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. ANNUAL INTEREST RATE Zero percent (0 %) per annum ANNUAL INTEREST RATE ON MATURED, UNPAID AMOUNTS Ten percent (10.000 %) per annum LOAN NO.: 77099912611c TDHCANSPNOTEHBA Form - TDACAN3.0581 (Ver. 02 -2014) Page 1 of 5 ORIGINAL Initials 3. PAYMENT TERMS; TIME AND PLACE OF PAYMENTS (A) Payment Terms; Time of Payments The loan repayment of the Principal Amount of this Note shall be due and payable in legal tender of the United States of America in Five (5) equal annual installments of NINE HUNDRED FIFTY FIVE AND 00/ 100- dollars ($ 955.00 ) each year beginning MARCH 01, 2015 (the "First Anniversary"), and shall continue annually until MARCH 01, 2019 , the expiration of Five (5) years ( "Maturity Date "). At Maturity Date, the unpaid and un- forgiven amounts owing under this Note shall be due and payable in full. Each payment installment will be applied first to accrued interest, if any, and the remainder to reduction of the Principal Amount. After Maturity Date, Borrower promises to pay any unpaid principal balance plus interest at the Annual Interest Rate on Matured, Unpaid Amounts. (B) Deferral and Annual Forgiveness Provided that the Borrower complies with the terms of this Note, the NSP Subordinate Deed of Trust, and any and all other documents evidencing, securing or executed in connection with this Note, the amounts of Principal Amount due and payable under this Note shall be deferred and waived annually at a rate of Ten (10.000 %) of Principal, Amount per year beginning on the First Anniversary and continuing annually until Maturity Date. (C) Place of Payment Borrower will make payment(s) at P. O. Box 13941, Austin, Texas 78711 -3941 or at a different place if required by the Note Holder. (D) Due on Sale/Repayment If one of the following events should occur before said Maturity Date, the unpaid and unforgiven balance of this Note shall be immediately due and payable and Note Holder may invoke any remedies provided under the NSP Subordinate Deed of Trust securing this Note: (a) Due on Sale /Repayment Subsection (a) (b) either of the Superior Lien Note(s) is refinanced in whole or in part or is assumed by a new borrower without the consent of the Note Holder; or (c) either of the unpaid balance(s) of the Superior Lien Note(s) becomes due and payable in full for any reason (whether by acceleration or according to its terms, and including, without limitation, because any maker of the Superior Lien Note(s) is in default); or (d) all or any part of the Property, or any interest in it, is leased, transferred or conveyed without Note Holder's prior, written consent; or (e) Borrower ceases to occupy the mortgaged property as his or her principal residence. If the collateral is residential real property containing fewer than five dwelling units or a residential manufactured home occupied by Borrower, exceptions to this provision are limited to (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the property; (b) creation of a purchase money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- owner; (d) grant of a leasehold interest of three years or less without an option to purchase; (e) transfer to a spouse or children of owner or between co- owners; (f) transfer to a relative of owner or on owner's death; and (g) transfer to an inter vivos trust in which owner is and remains a beneficiary and occupant of the property. (E) Recapture Upon the sale of the mortgaged property, any unpaid or un- forgiven balance of the Note shall be due and payable in full from the available Net Proceeds from the sale of the mortgaged property pursuant to LOAN NO.: 77099912611c TDHCANSPNOTEHBA Initials Form - TDHCAN3 -6587 (Ver 02 -2014) Page 2 of 5 ORIGINAL 24 CFR § 92.254. Net Proceeds of a sale are the sales price of Property minus the closing costs, any superior lien loan repayment and any other necessary transaction costs. If the Net Proceeds are insufficient to repay the outstanding balance of the Note in full and Borrower's investment (which includes any portion of initial down payment paid by Borrower combined with the value of any capital improvements made with Borrower's funds), the Borrower's investment is paid in full first from the available proceeds from the re -sale and the Note is repaid to the extent that proceeds are available, but only in the event the mortgaged property was sold for an amount not less than the current appraised value as then appraised by the appropriate governmental authority without the consent of Lender. If there are no Net Proceeds and the mortgage property was sold for an amount not less than the current appraised value as then appraised by the governmental authority, repayment of the Note is not required. 4. BORROWERS RIGHT TO PREPAY Borrower has the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of the prepayments to reduce the amount of principal that Borrower owes under this Note. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES: NO USURIOUS INTENT If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. The Note Holder may choose to make this refund by reducing the principal owed under this Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default If Borrower does not make the full amount of the annual payment on the date said annual installment payment is due, Borrower will be in default. Additionally, Borrower will be in default under this NSP Deferred Subordinate Lien Note: (i) if Borrower fails to perform any obligation required of Borrower under the deed of trust securing this Note or takes any action prohibited under the deed of trust securing this Note, (ii) if any representations made by Borrower in connection with this loan was false in any material respect when made, or (iii) if any default occurs under the Superior Lien Note(s) described herein or under the deed of trust securing said Superior Lien Note(s). Any default under the NSP Subordinate Deed of Trust securing this Note shall be deemed to be a default under this Note. (B) Notice of Default If Borrower is in default, the Note Holder may send Borrower a written notice telling Borrower that if Borrower does not pay the overdue amount by a certain date, the Note Holder may require Borrower to pay immediately the full amount of principal which has not been paid. That date must be at least 30 days after the date on which the notice is delivered or mailed to Borrower. LOAN NO.: 77099912611c TDHCANSPNOTEHBA Initial Form - TDHCAN3 -6587 (Ver. 02 -2014) Page 3 of 5 ORIGINAL (C) No Waiver By Note Holder Even if, at a time when Borrower is in default, the Note Holder does not require Borrower to pay immediately in full as described above, the Note Holder will still have the right to do so if Borrower is in default at a later time. (D) Payment of Note Holder's Costs and Expenses If the Note Holder requires Borrower to pay immediately in full as described above, the Note Holder will have the right to be paid and reimbursed for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower gives the Note Holder a notice of the changed in address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3 above or at a different address if Borrower is given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. 9. SUBORDINATION TO SUPERIOR LIENS This is a subordinate lien note, subject and subordinate in all respects to the lien, terms, covenants and conditions of the Superior Lien Note(s) described herein and the deed of trust securing payment of said Superior Lien Note(s). Borrower understands that any default under the Superior Lien Note(s) described herein or the deed of trust securing it will be a default under this Note. The lien(s) securing this Note is /are subordinate to the lien securing another note in the original principal amount of $ 86,925.00 , dated FEBRUARY 21, 2014 and executed by TYCEFFIE MASSEY payable to the order of First National Bank $ N/A N/A N/A payable to the order of N/A N/A 10. WAIVERS , dated N/A and and executed by Borrower and any other person who has obligations under this Note waive notice of intention except as provided in except as provided in Section 6 (C) above, and the rights of presentment dishonor. "Presentment" means the right to require the Note Holder to demand payment of "Notice of dishonor" means the right to require the Note Holder to give notice to other persons due have not been paid. LOAN NO.: 77099912611c TDHCANSPNOTEHBA Forth - TDHCAN3 -6587 (Ver. 02 -2014) Page 4 of 5 ORIGINAL Initials �" " to accelerate, and notice of amounts due. that amounts 11. SECURITY FOR PAYMENT This Note is secured by a vendor's lien granted in a deed to Borrower dated the same date as this Note and the liens and security interests granted in the NSP Subordinate Deed of Trust (the "Security Instrument "), dated of even date herewith, from Borrower to Timothy K. Irvine of Travis County, Texas Trustee, for the benefit of Lender, upon and against the Property. 12. GOVERNING LAW The laws of the State of Texas and applicable federal law shall govern this Note. If applicable federal law permits any charge, fee or other item that is contracted for, charged, taken, reserved or received under this Note which is not permitted or in excess of the amount permitted under Texas law, the applicable federal law shall control. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. TYCEFFIE MASSEY Date Borrower Date Borrower Mortgage Loan Orignator's Organization: LOAN NO.: 77099912611c TDHCANSPNOTEHBA Form - TDHCAN3.6587 (Ver. 02 -2014) Date Borrower Date Page 5 of 5 ORIGINAL METES AND BOUNDS DESCRIPTION of Lot 2 of Vann - Johnson Subdivision, Huntsville, Texas Being a 0.195 of an acre (8,512 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 2 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.195 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the southeasterly corner of Lot 3 of said Vann-Johnson Subdivision, same being the northeasterly comer of said Lot 2, being in the easterly line of said 1.17 acre tract, from which a found 5/8 -inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the northeasterly corner of Lot 1 of said Vann - Johnson Subdivision, being the southeasterly corner of said Lot 2; THENCE, South 87 °24'13" West, a distance of 80.17 feet, along the northerly line of said Lot 1, being the southerly line of said Lot 2 to a found 5/8 -inch iron rod with cap at the northwesterly corner of said Lot I, being the northeasterly corner of that certain tract of land conveyed to Florin Randle by deed and recorded in Volume 179, Page 541 of said Deed Records, same being an el corner in the westerly line of said 1.17 acre tract; THENCE, South 88 °31'13" West, a distance of 70.00 feet, along the northerly line of said Florin Randle tract, being the southerly line of said Lot 2, same being the westerly line of said 1.17 acre tract to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Florine Randle tract, same being the southwesterly corner of said Lot 2; 'i'13ENCE, North 02 °35'47" West, a distance of 55.64 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of said Lot 3, being the northwesterly corner of said Lot 2; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 3, being the northerly line of said Lot 2 to the Point of Beginning and containing 0.195 of an acre of land. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780:255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone, Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11 -249 -027 pp L�S ��-st T "t ,tr r�e 477 V�r M LEGEND - GUY WIRE r®-I POWER POLE SIGN WATER WELL FOUND MONUMENTTION • (TYPE NOTED) ® METER BOX —P---- POWER LINES —//— FENCE /1/ EDGE OF ASPHALT wl ¢I 8I al ml 01 L_ W /'GS' CAP CLEAN OUT 4- FIRE HYDRANT • WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY. TEXAS PLAT RECORDS WALKER COUNTY. TEXAS D.R.W.C.T. 0.P.R,W.C,T. P.R.W.C.T. LOT 3 VANN- JOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.CT. N87'24'13 E 150.16' 10' B.L. PER PLAT 0 15 30 SCALE: 1" = 30' a a O et J Q 10 B.L. PER PLAT LOT UNE 3'X3' &T P EES' — �—�' • LOT 2 0.195 ACRES (8,512 SQ. FT.) 41 WI a ail 21 L 70' B.L. PER PLAT FND.S /8 "1.R. W CAP .SUBDIVISION LINE S8831'13 "W 70.00' // CNA/NC/MK FENCE FLO/UNE RANDLE VOL. 179. PC. 54'1 D. R. W.C. T. • 1 -STORY o • BRICK N' • BUILDING ,49.0',,,. LOT LINE 31.7' i FND.5 /8 "1.R. S67'24`13 'W W /CAP 80.17' r 10' B.L PEP. PLATT. Ia I8. 1m I-� IN LOT1 I SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville thot this survey was mode on the ground and completed on November 9, 2012 that this drawing correctly represents the facts found of the time of survey and that this professional service substantially conforms to the current Texas Society of Professional Surveyors Standards. and Specifications for a Cotegory 1B. Condition II Survey. /177 /Jz /Z. Stophenit. Chruszcza, R.P.L.S. No. 5937 NOTES 1. This survey was performed without the benefit of o Title Commitment. 2. Horizontol Control is bosed on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10.262,485.31 & Eost= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & Eost= 3,801,780.2.55). Bearings described are related to the Texas Coordinote System of 1983. Central Zone. Distances shown ore US Survey Feet in 'field Horizontal" units and may be converted to "GRID" units by multiplying by a combined stole factor of 0.99988. 3. Square footage totals shown hereon ore based on mathematical closures and do not necessarily represent the positional accuracy of the boundary monumentation. QI ii a. 10' U.E. PER PLAT 60 FND.3 /8 "I.R. SERVICE POLE "N 1 9.1 z w d- O Gb ONC.' -J 0 NI In FND.1 /2 "IR CALLED 150' ROAD PT. RESIDUE GIBES BftOS. 9, CO. (ADICKES II9ACT Ne. 9) VOL 65,1 PAGE 161 / ASBUILT SURVEY OF LOT 2 OF VANN— JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS • i Solutions,LLC 25814 Budde Rood Spring, Texos 77360 Phone:281- 681 -9766 Fox: 281-681-9779 Drawl, By: KC Dot.: 11/12/12 1'0 =30' Chocked Dv.. MC r.s.: N/A Propel No. 11- 249 -027 Drew99 NWTI LOT2— ASB.DWG Atlnn /KM No. N/A AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711 -3941 LOAN NO.: 77099912611c ESCROW NO.: 2013121291 TITLE NO.: 2013121291 R tto to: WA, KER COUNT': T': ^t'7E .- r'", 1109 UN VERSfl Y A HUNTSVILLE, TEXAS 77340 GF #r3 z`l A [SPACE ABOVE THIS LINE FOR RECORDING DATA] — Texas Neighborhood Stabilization Program (NSP) Subordinate Lien Deed of Trust ( "Deed of Trust ") NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: FEBRUARY 21, 2014 Grantor: TYCEFFIE MASSEY, AN UNMARRIED WOMAN Grantor Mailing Address: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Trustee: Timothy K. Irvine of Travis County, Texas Trustee's Mailing Address: P.O. Box 13491; Austin, Texas 78711 Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA "). Beneficiary's Mailing Address: 221 East 11th Street Austin, Travis County, Texas 78701 NSP Deferred Forgivable Subordinate Lien (Note): Date: Of even date herewith. Original principal amount: FOUR THOUSAND SEVEN HUNDRED SEVENTY FIVE AND 00 /100 ---- - Dollars Maker: TYCEFFIE MASSEY ($ 4,775.00 ) Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas ( "TDHCA "). Maturity date: MARCH 01, 2019 LOAN NO.: 77099912611c TDHCANSPDOTHBA Initials OK Form - T HCAD3 -6649 (Ver. 10 -2013) Page 1 of 9 ORIGINAL Terms of Payment: As provided therein Property: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Prior Liens: Date: FEBRUARY 21, 2014 Grantor: TYCEFFIE MASSEY, AN UNMARRIED WOMAN Trustee: Lorri Lehman Amount: EIGHTY SIX THOUSAND NINE HUNDRED TWENTY FIVE AND 00/100--- - ----- Dollars ($ 86,925.00 ) Beneficiary: First National Bank N/A N/A N/A N/A N/A N/A N/A Date: N/A Grantor: Trustee: N/A Amount: Beneficiary: ($ N/A Dollars Recording Information: To be recorded in the Real Property Records of WALKER County, Texas. Other Exceptions to Conveyance and Warranty: 1. Visible and apparent easements on or across property which may not appear of record. 2. All coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto. 3. Restrictions, covenants, easements and outstanding mineral reservations, rights to royalties, if any shown of record in the hereinabove mentioned county and state, all to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any. 4. Ownership of all oil, gas and other minerals; and rights of all parties claiming by, through or under said mineral owner(s). LOAN NO.: 77099912611c TDHCANSPDOTHBA Initials 4k, Form - TDHCAD3 -6649 (Ver. 10-2013) Page 2 of 9 ORIGINAL For value received and to secure payment of Note, Grantor conveys the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty. On payment of Note and all other amounts secured by this Deed of Trust, this Deed of Trust will have no further effect, and Beneficiary will release it at Grantor's expense. A. Grantor's Obligations Grantor agrees to: 1. keep the Property in good repair and condition; 2. pay all taxes and assessments on the Property before delinquency; 3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the lien's priority as it is established in this Deed of Trust; 4. maintain, in a form acceptable to Beneficiary, an insurance policy that: a. covers all improvements for their full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a smaller amount in writing; b. provides fire and extended coverage, including windstorm coverage; c. protects Beneficiary with a standard mortgage clause; d. provides flood insurance at any time the Property is in a flood hazard area; and e. contains such other coverage as Beneficiary may reasonably require. 5. deliver the insurance policy to Beneficiary within ten days of the date of this Deed of Trust and deliver renewals to Beneficiary at least fifteen days before expiration; 6. obey all laws, ordinances, and restrictive covenants applicable to the Property; 7. keep any buildings occupied as required by the insurance policy; and 8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all prior lien notes and abide by or cause to be abided by all prior lien instruments. B. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all the rights and liens of the holders of any debt so paid. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce Note or to repair or replace damaged or destroyed improvements covered by the policy. If the Property is Grantor's primary residence and Beneficiary reasonably determines that repairs to the improvements are economically feasible, Beneficiary will make the insurance proceeds available to Grantor for repairs. 4. Notwithstanding note terms to the contrary, and unless applicable law prohibits, all payments received by Beneficiary from Grantor under Note or this Deed of Trust may, at Beneficiary's discretion, be applied first to amounts payable under this Deed of Trust and then to amounts due and payable to Beneficiary under Note, to be applied to late charges, principal, or interest in the order Beneficiary in its discretion determines. 5. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand for any amounts so paid, including attorney's fees, phis interest on those amounts from the dates of payment at the rate stated in Note for matured, unpaid amounts. The amount to be reimbursed will be secured by this Deed of Trust. 6. If there is a default on Note or if Grantor fails to perform any of Grantor's obligations and the default continues after any required notice of the default and the time allowed to cure, Beneficiary may: a. declare the unpaid principal balance and earned interest on Note immediately due; b. direct Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent will cause notice of the foreclosure sale to be given as provided by the Texas Property Code as then in effect; and LOAN NO.: 77099912611c TDHCANSPDOTHBA Foml - TDHCAD3 -6649 (Ver. 10 -2013) Initials Page 3 of 9 ORIGINAL c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited on Note. 7. Beneficiary may remedy any default without waiving it and may waive any default without waiving any prior or subsequent default. C. Trustee's Duties If directed by Beneficiary to foreclose this lien, Trustee will: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then in effect; 2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash with a general warranty binding Grantor, subject to the Prior Lien and to the Other Exceptions to Conveyance and Warranty and without representation or warranty, express or implied, by Trustee; 3. from the proceeds of the sale, pay, in this order: a. expenses of foreclosure, including a reasonable commission to Trustee; b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance; and 4. be indemnified by Beneficiary against all costs, expenses, and liabilities incurred by Trustee for acting in the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other costs, including attorney's fees, incurred by Trustee in defense of any action or proceeding taken against Trustee in that capacity. D. General Provisions I. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any trustee's deed conveying the Property will be presumed to be true. 3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien will remain superior to liens later created even if the time of payment of all or part of Note is extended or part of the Property is released. 5. Application of Payments. If any portion of Note cannot be lawfully secured by this Deed of Trust, payments will be applied first to discharge that portion. Unless applicable law provides otherwise, payments will be applied next, to principal due; third, to interest due; and last, to any late charges due under the Note. 6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be exercised by successors in interest of all parties. 7. Hazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property in accordance with paragraph 9. Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the annual payments referred to in Note. If under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust LOAN 431.1:11ecilim*pkivo the acquisition. TDHCANSPDOTHBA Initia Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 4 of 9 ORIGINAL 8. Usury; Interest. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions in this and all other instruments concerning the debt. 9. Protection of Beneficiary's Rights in the Property. If Grantor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take action under this paragraph 9, Beneficiary does not have to do so. Any amounts disbursed by Beneficiary under this paragraph 9 shall become additional debt of Grantor secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Beneficiary to Grantor requesting payment. 10. Mortgage Insurance. If Beneficiary required mortgage insurance as a condition of making the loan secured by this Security Instrument, Grantor shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Beneficiary lapses or ceases to be in effect, Grantor shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Grantor of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Beneficiary. If substantially equivalent mortgage insurance is not available, Grantor shall pay to Beneficiary each month a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Grantor when the insurance coverage lapsed or ceased to be in effect. Beneficiary will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Beneficiary, if mortgage insurance coverage (in the amount and for the period that Beneficiary requires) provided by an insurer approved by Beneficiary again becomes available and is obtained. Grantor shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Grantor and Beneficiary or applicable law. 11. Inspection. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 12. Condemnation. Grantor assigns to Beneficiary all amounts payable to or received by Grantor from condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the Property. After deducting any expenses incurred, including attorneys fees and court and other costs, Beneficiary will either release any remaining amounts to Grantor or apply such amounts to reduce Note. Beneficiary will not be liable for failure to collect or to exercise diligence in collecting any such amounts. Grantor will immediately give Beneficiary notice of any actual or threatened proceedings for condemnation of all or part of the Property. 13. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any part of the Property have been advanced by Beneficiary at Grantor's request and upon Grantor's LOAN NO.: 77099912611e TDHCANSPDOTHBA Initials Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 5 of 9 ORIGINAL representation that such amounts are due and are secured by valid liens against the Property. Beneficiary shall be subrogated to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless of whether said liens or debts are acquired by Beneficiary by assignment or are released by the holder thereof upon payment. 14. Purchase Money; Vendor's Lien. Grantor represents that this Deed of Trust and Note are given for the following purposes: The funds advanced to Maker under Note are used to pay closing cost and part of the purchase price of the Property. Note also are primarily secured by a subordinate vendor's lien retained in the deed of even date with this Deed of Trust executed by CITY OF HUNTSVILLE conveying the Property to Maker, which subordinate vendor's lien has been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien. The subordinate vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the subordinate vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative. Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose under both 15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF THE BALANCE OF ALL PRINCIPAL AND INTEREST REMAINING DUE THEREON. If the Property is residential, real property containing fewer than five (5) dwelling units or a manufactured home occupied by Grantor, exceptions to this provision are limited to: (a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b) creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- Grantor; (d) grant of a leasehold interest of three years or less without an option to purchase; (3) transfer to a spouse or children of Grantor or between co- Grantors; (f) transfer to a relative of Grantor on Grantor's death; and (g) transfer to an inter vivos trust in which Grantor is and remains a beneficiary and occupant of the Property. The restriction on the transfer of Property will automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure, or if the mortgage is assigned to the Secretary of the U. S. Department of Housing and Urban Development in accordance with 24 C.F.R. §203.41. 16. Loan Not a Home Equity Loan. The Loan evidenced by Note is not an extension of credit as defined by Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as Maker's residence, then Maker agrees that Maker will receive no cash from the Loan evidenced by Note and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete construction, or renew and extend a prior lien against the Property, will be used to reduce the balance evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's option. Maker agrees to execute any documentation necessary to comply with this Section. 17. Occupancy, Preservation, Maintenance and Protection of the Property. GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR BELOW Due on Sale /Repayment Subsection (a) OF AREA MEDIAN INCOME, AND WILL CONTINUE TO USE THE PROPERTY AS THEIR PRINCIPAL RESIDENCE. IF GRANTOR CEASES TO OCCUPY THE PROPERTY AS THEIR PRINCIPAL RESIDENCE, THE LOAN NO.: 77099912611c TDHCANSPDOTHBA Initials Form - TDIICAD3 -6649 (Ver. 10 -2013) Page 6 of 9 ORIGINAL BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL PAYMENT OF THE UNPAID AND /OR UNFORGIVEN BALANCE OF ALL PRINCIPAL AND INTEREST, IF ANY, REMAINING DUE THEREON. HOWEVER, THIS ELECTION SHALL NOT BE EXERCISED BY BENEFICIARY IF PROHIBITED BY FEDERAL LAW. Grantor shall not destroy, damage �r impair the Property, allow the Property to deteriorate, or commit waste on the Property. Grantor shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Beneficiary's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Deed of Trust or Beneficiary's security interest. Grantor may cure such a default and reinstate, as provided under part B, "Beneficiary's Rights" and part C, "Trustees Rights ", by causing the action or proceeding to be dismissed with a ruling that, in Beneficiary's good faith determination, precludes forfeiture of the Grantor's interest in the Property or other material impairment of the lien created by this Deed of Trust or Beneficiary's security interest. Grantor shall also be in default if Grantor, during the loan application process, gave materially false or inaccurate information or statements to Beneficiary (or failed to provide Beneficiary with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Grantor' occupancy of the Property as a principal residence. 18. Hazardous Substances. Grantor shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Grantor shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Grantor shall promptly give Beneficiary written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Grantor has actual knowledge. If Grantor learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Grantor shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 19. Waiver of Notice of Intention to Accelerate. Grantor waives the right to notice of intention to require immediate payment in full of all sums secured by this Deed of Trust and the right to notice of acceleration, except in either case as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." 20. Substitute Trustee. Beneficiary, at its option and with or without cause, may from time to time remove Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall have the right to have enforcement of this Deed of Trust discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Deed of Trust; or (b) entry of a judgment enforcing this Deed of Trust. Those conditions are that Grantor: (a) pays Beneficiary all sums which then would be due under this Deed of Trust and the Note as if no acceleration had occurred; (b) cures any default of any other LOAN NO.: 77099912611c TDHCANSPDOTHBA Initia Form - TDHCAD3-6649 (Ver. 10 -2013) Page 7 of 9 ORIGINAL covenants or agreements; (c) pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's rights in the Property and Grantor's obligation to pay the sums secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of Trust and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under part B, "Beneficiary's Rights" and part C, "Trustee's Rights." 22. Release. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall release this Deed of Trust without charge to Grantor. Grantor shall pay any recordation costs. 23. Severability. If any provision of this Deed of Trust is determined to be invalid or unenforceable, the validity or enforceability of any other provision will not be affected. 24. Partial Invalidity. In the event any portion of the sums intended to be secured by this Deed of Trust cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those portions not secured hereby. 25. The term Note includes all extensions and renewals of Note and all sums secured by this Deed of Trust. 26. When the context requires, singular nouns and pronouns include the plural. 27. If Grantor and Maker are not the same person, the term Grantor shall include Maker. 28. Second Lien. Notwithstanding any provision of this Deed of Trust to the contrary, the lien and security interest created hereby are expressly subordinate and inferior to the lien created by the Prior Lien. Upon the event of foreclosure or deed in lieu of foreclosure of the Prior Lien, any provisions herein, or any provisions in any other collateral agreement, restricting the use of the Property to low or moderate income households or otherwise restricting the Grantor's ability to sell the Property shall have no effect on subsequent owners or purchasers of the Property (other than the Grantor or a related entity of Grantor). Prior to taking any actions under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ", Beneficiary shall notify the lienholder of the Prior Lien of the default, and shall provide the lienholder of the Prior Lien with the opportunity to cure any such default under this Deed of Trust. 29. Repayment Deferrals, Reductions and Forgiveness. Note provide for certain potential deferrals, principal reductions, forgiveness or other payment terms. Note also provide that full debt, if not paid or forgiven earlier, shall be due and payable on the sale of the Property (subject to paragraphs 15 and 17), refinance of any superior lien or acceleration of any superior lien note. 30. "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Balloon Rider ❑ 1 -4 Family Rider ❑ Other(s) [specify]: ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider LOAN NO.: 77099912611e TDHCANSPDOTHBA Initial Form - TDHCAD3 -6649 (Ver. 10 -2013) Page 8 of 9 ORIGINAL ❑ Second Home Rider ❑ Assumption Rider ❑ Inter Vivos Trust Rider GRANTOR: Bo w I TY F MASSEY Date Borrower Date State of TEXAS County of WALKER Borrower Date Borrower Date [Space Below This Line For Acknowledgment] § § Before me, a Notary Public, on this day personally appeared TYCEFFIE MASSEY known to me (or proved to me on the oath of or through [description of identity card or other document] __Z9 to be the person whose name is subscribed to the foregoing instru ent and acknowledged to me that he executed the same for the purwacammiLFonsideration therein expressed. Given and Amy• ttgid00�c' office this v-. 1 • Ire e), OFT TO, P (Seal) fA""erf e�- 01iataowe " °‘'�\o,. My Commission Expires: -11/zoiy PREPARED BY: JOHN HAY HAY DARBY PLLC, ATTORNEYS AT LAW 402 WEST 7TH STREET AUSTIN, TEXAS 78701 Mortgage Loan Orignator's Organization: LOAN NO.: 77099912611c TDHCANSPDOTHBA Fonn - TDHCAD3 -6649 (Ver. 10 -2013) Title of Officer AFTER RECORDING RETURN TO: Texas Department of Housing and Community Affairs NSP Program Division P.O. Box 13941 Austin, Texas 78711 -3941 Return Record Attention: Joniel Crim Page 9 of 9 ORIGINAL METES AND BOUNDS DESCRIPTION of Lot 2 of Vann- Johnson Subdivision, Huntsville, Texas Being a 0.195 of an acre (8,512 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 2 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0,195 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the westerly line of that certain called 50' Road as recorded in Vohume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the southeasterly corner of Lot 3 of said Vann- Johnson Subdivision, sane being the northeasterly comer of said Lot 2, being in the easterly line of said 1.17 acre tract, from which a found 5/8 -inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the northeasterly corner of Lot 1 of said Vann-Johnson Subdivision, being the southeasterly corner of said Lot 2; THENCE, South 87 °24'13" West, a distance of 80.17 feet, along the northerly line of said Lot 1, being the southerly line of said Lot 2 to a found 5/8 -inch iron rod with cap at the northwesterly corner of said Lot 1, being the northeasterly corner of that certain tract of land conveyed to Fiorine Randle by deed and recorded in Volume 179, Page 541 of said Deed Records, same being an el corner in the westerly line of said 1.17 acre tract; THENCE, South 88 °31'13" West, a distance of 70.00 feet, along the northerly line of said Fiorine Randle tract, being the southerly line of said Lot 2, same being the westerly line of said 1.17 acre tract to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Florine Randle tract, same being the southwesterly corner of said Lot 2; THENCE, North 02 °35'47" West, a distance of 55.64 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly comer of said Lot 3, being the northwesterly comer of said Lot 2; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of' said Lot 3, being the northerly line of said Lot 2 to the Point of Beginning and containing 0.195 of an acre of land. Horizontal Control is based on holding City of Huntsville Ivlonuinents No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780.255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11 -249 -027 77 J�1�7 +siI 4 IT If it PAGE OF. c LEGEND -3 GUY WIRE re-I POWER POLE SIGN • WATER WELL FOUND MONUMENTTION (TYPE NOTED) • METER BOX POWER LINES FENCE /1/ EDGE .OF ASPHALT —P- -//— 0 L SET.5 /8 "I.R. mL Wr'GS "CAP o 6.4 00 zavEs;h- • 0 ce� z co 0 WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY. TEXAS PLAT RECORDS WALKER COUNTY. TEXAS CLEAN OUT FIRE HYDRANT D.R.W.C.T. 0.P.R.W.C.T. P.R.W.C.T. LOT 3 VANN- JOHNSON SUBDIVISION VOL. 5, PG. 51 P.R.W.C.T. N87 24'13 "E 150.16' 10' O.L. PER PLAT 0 15 30 SCALE: 1" = 30' Iq Et 5 la 1N J 10 B.L. PER PLAT LOT LINE 6 3'X3' STEPS L LOT 2 0.195 ACRES (8,512 SQ. FT.) FND.5 /8 "1. R. W CAP SUBDIVISION LINE 10' B.L. PER PLAT S88'31 '13 "W 70.00' CNAINLINK FENCE ELOR /NC RANDLE VOL. 179, PC. 541 DR. TY.C.T. /1 U O 0 p. 31.7' 1 —STORY 1 ° BRICK ■ BUILDING • 49.0',,,,,,,, �— • - - - - -'J 31.6' I LOT LINE 0 N' �v I�� I trs1w FND.5 /8 "I.R. S8724'13 "W W /CAP 80.17' r10' B.L. PEP. cc SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that this survey was mode on the ground and completed on November 9, 2012 that this drawing correctly represents the facts found at the time of survey and thou this professional service substontiolly conforms to the current Texos Society of Professional Surveyors Standards. and Specifications for a Category 1B. Condition II Survey. Stephea4t. Chruszczol<„■ R.P.L.S. No. 5937 NOTES' 1. This survey was performed without the benefit of a Title Commitment. 2. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10.262.465.31 & Eost= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & Eost= 3,801,780.255). Bearings described are related to the Texas Coordinate System of 1983. Central Zone. Distances shown ore US Survey Feet in 'Field Horizontal" units and moy be converted to "GRID" units by multiplying by o combined scale factor of 0.99988. 3. Square footage totols shown hereon are based on mathematical closures and do not necessarily represent the positional occurocy of the boundory monumentotion. a `1 wl m -r) LOT 1 la W la 1`4 V 0 FND.3/8 "I. R. �twjJ i I RVIE"N POLE \ r [}0 t\CONC.11..uIW 60 N `- FND.1 /2 "IR CALLED 150' ROAD PT. A.ESIDUE CIBBS BItOS. & CO. (ADICKES 9RACT No. 9) VOL. B5,i PAGE 167 D.R.IW.'C. T. 12, 1 Ill ASBUILT SURVEY OF LOT 2 OF VANN- JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions,LLC 25814 Budde Rood Spring, Texas 77380 Phone:281- 681 -9766 Fox:281- 651 -9779 Deo.u,, By: KC sole: 11/12/12 wore: cnoccol oy. MC r.s., N/A Project No. 11- 249 -027 aro.ong Nano LOT2- ASB.DWG Atlee /AM No. N/A 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 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 dated FEBRUARY 21, 2014 . The Borrower(s) hereby certifies and acknowledges that the above reference property will be their primary residence and will be occupied within 30 days of closing the mortgage loan. 1 o 'owe TYC ' FF Jt. MASSEY Date Borrower Date Borrower Date Borrower Date ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF WALKER § Before me, this instrument was signed and acknowledged on TYCEFFIE MASSEY 2$by \ \ \gp11110tP!!! '''..\\‘‘‘‘C)\1 *.NN Tit "• �INL OF 'It, 1 0 (SEAL) Publi State of Texas / j4)07 O 4) / [Typed / Printed Name] / My Commission Expires: �/ I LOAN NO.: 77099912611c TDHCANSPOCCUPAN Fonn - TDHCAOCC -1989 (Ver. 09 -2013) ORIGINAL BORROWER'S ACCEPTANCE OF PROPERTY BORROWERS: TYCEFFIE MASSEY PROPERTY ADDRESS: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 WE, THE UNDERSIGNED PURCHASERS OF THE ABOVE REFERENCED PROPERTY, DO HEREBY ACCEPT THE PROPERTY IN ITS AS IS CONDITION. �I�qn f p Bon er TYCE FIE ASSEY ,9-01 Date Borrower Borrower Date Date Borrower Date LOAN NO.: 77099912611c Borrower's Acceptance of Property Fonn - PROPACPT -6299 (Ver. 05 -2009) ORIGINAL NOTICE REGARDING FLOOD INSURANCE COVERAGE Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: FEBRUARY 21, 2014 Loan No.: 77099912611c Borrower: TYCEFFIE MASSEY Property Address: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 We may assign, sell, or transfer the servicing of your mortgage loan. Your new lender /servicer may require more flood insurance coverage than the minimum amount that has been identified in your Notice of Special Flood Hazards (NSFH). The new lender /servicer may require coverage in an amount greater than the minimum, and has the right to require flood coverage at least equal to 100% of the insurable value (also known as replacement cost value) of the building(s) used as collateral to secure the loan or the maximum available under the National Flood Insurance Program (NFIP) for the particular type of building. You should review your exposure to flood damage with your insurance provider, as you may wish to increase your coverage above the minimum amount required at the time of closing your loan versus what subsequently the new lender /servicer may require. AN)55-1 B o Date Borrower Date EF E MASSEY Borrower Date Borrower Date Flood Insurance Notice Fonn - FLOODDIS -6132 (Ver. 11 -2011) ORIGINAL TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Texas Neighborhood Stabilization Program (NSP) (Homebuyer Assistance) DUE ON SALE /AFFORDABILITY PROVISION On this date the undersigned Borrower has executed a NSP Subordinate Deed of Trust ( "Deed of Trust ") on the following property to secure a NSP Deferred Forgivable Subordinate Lien Note (HBA) ( "Note ") in the amount of $ 4,775.00 of even date to the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ( "Lender "), to -wit: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Whereas, said Deed of Trust and Note contain federal HOME Program due on sale clauses and affordability requirement provisions under 24 CFR Section 92.254 associated with and as adopted by the Texas NSP Homebuyer Assistance Program loan. I /We, the undersigned Borrower, hereby acknowledge(s) the following: "The due on sale provisions and the affordability requirements contained therein have been explained to me /us and I /we fully understand these provisions. Uwe further understand that the loan is being made to me /us based upon my /our assurance that I /we will live in the house on the Property, as my /our principal place of residence for a period of Five (5) years and repay the loan to the Lender according to the terms of the Note and Deed of Trust and that if Uwe should sell or move from the Property prior to the end of Five (5) year period, the balance of the Note, including interest (if applicable), will become immediately due and payable to Lender. I /We further acknowledge that the resale and recapture calculation examples have been explained to me /us and that I /we understand the calculations and the circumstances under which the due on sale will be triggered. I/We also acknowledge that, Uwe understand that it is my /our responsibility to recertify to the Lender that Uwe am /are still residing in the house on the Property as my /our principal residence." EXECUTED this `_ _ day of BORROWER: Date Borrower Borrower Date Date Borrower Date LOAN NO.: 77099912611c TDHCANSPDUEONSALEHBA Form - TDACADDE -1210 (Ver. 09 -2013) ORIGINAL METES AND BOUNDS DESCRIPTION of Lot 2 of Vann - Johnson Subdivision, Huntsville, Texas Being a 0.195 of an acre (8,512 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 2 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.195 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the southeasterly comer of Lot 3 of said Vann- Johnson Subdivision, same being the northeasterly corner of said Lot 2, being in the easterly line of said 1.17 acre tract, from which a found 5/8 -inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 2 and said 1.17 acre tract to a found S/8 -inch iron rod with cap at the northeasterly corner of Lot 1 of said Vann - Johnson Subdivision, being the southeasterly corner of said Lot 2; THENCE, South 87 °24'13" West, a distance of 80.17 feet, along the northerly line of said Lot 1, being the southerly line of said Lot 2 to a found 5/8 -inch iron rod with cap at the northwesterly corner of said Lot I, being the northeasterly corner of that certain tract of land conveyed to Florin Randle by deed and recorded in Volume 179, Page 541 of said Deed Records, same being an el corner in the westerly line of said 1.17 acre tract; THENCE, South 88 °31'13" West, a distance of 70.00 feet, along the northerly line of said Florin Randle tract, being the southerly line of said Lot 2, same being the westerly line of said 1.17 acre tract to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Florine Randle tract, same being the southwesterly corner of said Lot 2; 1'kIJ NCE, North 02 °35'47" West, a distance of 55.64 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of said Lot 3, being the northwesterly corner of said Lot 2; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 3, being the northerly line of said Lot 2 to the Point of Beginning and containing 0.195 of an acre of land. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.3.1 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780:255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone, Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99938. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spring, Texas Tel. 281- 681 -9766 Job No. 11 -249 -027 EXEII , IT sure 11AGE OF 0 —P- -1/— GUY WIRE POWER POLE SIGN WATER WELL FOUND MONUMENTTION (TYPE NOTED) METER 60X POWER LINES FENCE co CLEAN OUT FIRE HYDRANT B WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY, TEXAS PLAT RECORDS WALKER COUNTY. TEXAS D.R.W.C.T. 0.P.R.W.C.T. 1/1 EDGE OF ASPHALT P.R.W.C.T. 0, cc a m 0 L SET S /8 "I.R. W / "GS "CAP LOT 3 VANN- JOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. r QI 4I wlo. mI N87-24'13 E 150.16' 10' B. L. PER PLAT 0 15 30 SCALE: 1" = 30' a a a N J Q 10' B.L. PER PLAT LOT LINE 3'X3' STEPS LOT 2 0.195 ACRES (8,512 SQ. FT.) of L- FND.S /8 "1. R. 10' 6.L. PER PLAT W /CAP SUBDIVISION LINE S8831 '13 "W 70.00' CHAINLINK FENCE PLOR!NE RANDLE VOL. /79, PC 547 DR.W.C.T.. N 1 -STORY BRICK BUILDING LOT LINE FND.5 /8 "I.R. S87'24'1,3 W W /CAP 80.17' r10' B.L PER PLAT"¢ cc o' N' V 31.7' a SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that this survey was mode on the ground and completed on November 9, 2012 that this drawing correctly represents the facts found at the time of survey and that this professionol service substontiolly conforms to the current Texas Society of Professional Surveyors Standards and Specifications for o Category 1B. Condition II Survey. Z. Stephea41. Chruszczol5% R.P.L.S. No. 5937 NOTES• 1. This survey wos performed without the benefit of o Title Commitment. 2. Horizontol Control is bosed on holding City of Huntsville Monuments No. 7574 (grid coordinote of North = 10.262.465.31 & Eost= 3,802.009.473) and 7575 (grid coordinate of North = 10.262,526.24 & East= 3,601,780.255). Bearings described are related to the Texas Coordinate System of 1983. Central Zone. Distances shown ore US Survey Feet in 'Field Horizontal- units and may be converted to 'GRID" units by multiplying by o combined stole factor of 0.99988. 3. Square footage totals shown hereon are based on mathemotical closures and do not necessarily represent the positional accuracy of the boundary monumentotion. 07 P POLE RWC 4i 0 0 al 1 Z to o Q (1 NI FND.1 /2 "IR CALLED 150' ROAD PT. RESIDUE GIBBS 61105. 0 CO. (ADICKES TRACT No. 9) VOL 65.1 PACE 761 D.R.IW.C. T. ( ASBUILT SURVEY OF LOT 2 OF VANN- JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions,LLC 25814 B.udde Rood Spring, Texas 77350 Phone:281- 681 -9766 Fox:281 -68 —9779 Drowk„ D,, KC D,to: 11/12/12 scan 1 " =30' Chocked Dy. MC r.°: N/A Project No. 11- 249 -027 Drawing Noma LOT2— ASB.OWG Allo,/KM No. N/A SURVEY AND TITLE LETTER UWe the undersigned Borrower(s) hereby certify that Uwe have received, reviewed, and approved a copy of the attached survey which is incorporated hereto by reference and have signed or initialed and dated same for identification purposes. I/We am/are aware of the indicated encroachments, protrusions, easements, limitations, access, dimensions, and/or other conditions shown on the survey. I/We further certify that the Settlement Agent has provided me /us with a copy of the Commitment for Title Insurance and that Uwe have reviewed and consent to all of the exceptions to title which would appear in an Owner's Title Policy for the Property. IN CONSIDERATION OF THE LENDER MAKING A LOAN TO BORROWER(S), I/WE HEREBY HOLD LENDER HARMLESS FROM ANY COMPLAINT ARISING AS A RESULT OF ANY MATTERS INDICATED IN THE SURVEY, THE EXCEPTIONS STATED IN THE COMMITMENT FOR TITLE INSURANCE, AND THE OWNER'S AND MORTGAGEE TITLE INSURANCE POLICIES. IN ADDITION TO BUT NOT IN LIEU OF THE ABOVE AND FOR THE CONSIDERATION RECITED ABOVE, I/WE HAVE BEEN MADE AWARE OF THE FOLLOWING SPECIFIC CONDITIONS AFFECTING THE ABOVE - DESCRIBED PROPERTY AND UWE DO HEREBY AGREE, INDEMNIFY AND HOLD HARMLESS LENDER, ITS SUCCESSORS AND ASSIGN FROM ANY CLAIMS, COSTS, DAMAGES, CAUSES OF ACTION AND EXPENSES IN ANY WAY ARISING FROM THE FOLLOWING CONDITIONS: ENCROACHMENTS ON RECORDED EASEMENTS OR BUILDING LINES OR SETBACKS ON SURVEY FENCE DOES NOT FOLLOW PROPERTY LINES CONCRETE DRIVE OVER 10' UE EXECUTED this BORROWER: TYCEFFIE MASSEY day of LOAN NO.: 77099912611c TDHCANSPSURVEY Form - TDHCASVY -1193 (Ver. 11 -2013) ORIGINAL Form W -9 Request for Taxpayer bepartuuo ireasu ry I Identification Number and Certification Internal Revenue Service Give Form to the requestor. Do not send to the IRS. Name (as shown on your income tax return) TYCEFFIE MASSEY Business name /disregarded entity name, if different from above Check appropriate box for federal tax classification: ® Individual /sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership > ❑ Other (see instructions > Exemptions (see instructions): Exempt payee code (if any) Exemptions from FATCA reporting code (if any) Address (number, street, and apt. or suite no.) 123 AVENUE D City, state, and ZIP code HUNTSVILLE, WALKER County, TEXAS 77320 Requester's name and address (optional) List account number(s) here (optional) LOAN NO.: 77099912611c 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 1 instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see how to get a TIN on Page 3. Note. If the account is in more than one name, see the chart on Page 4 for guidelines on whose number to enter. Part II Certification Social security Number 457 -63 -6121 Employer Identification Number 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. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or (c)the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). 4. The FATCA code(s) entered on this form (if any) indicating that 1 am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment or secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign I Signature of , MASSEY Here U.S. person 'VP Date > g 2/ -/ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future Developments. The IRS has created a page on IRS.gov for information about Form W -9, at www.irs.gov /w9. Information about any future developments affecting Form W -9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partner's share of effectively connected income. 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Not If you are a U.S. person and a requester gives you a form other th. Form W -9 to request your TIN, you must use the requester's form if i is substantially similar to this Form W -9. Definition of a U.S. Person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under then laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partner's share of effectively connected taxable income from such business. Further, in certain cases where a Form W -9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity, Form - W9A -0028 (Ver. 09 -2013) SIGNATURE /NAME AFFIDAVIT Date: FEBRUARY 21 , 2014 Loan Number: 77099912611c Borrower: TYCEFFIE MASSEY Property Address: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 THIS IS TO CERTIFY MY LEGAL SIGNATURE IS AS WRITTEN AND TYPED BELOW. (This signature must exactly match signatures on the Agreement /Note and Mortgage or Deed of Trust.) TYCEFFIE MASSEY (Print or Type Name) (If applicable, complete the following) I AM ALSO KNOWN AS: TYCEFFIE MASSEY (Print or Type Name) TyCeffie Marie Massey (Print or Type Name) TyCeffie M. Massey (Print or Type Name) (Print or Type Name) (Print or Type Name) Signature Signature Signature (Print or Type Name) Signature (Print or Type Name) (Print or Type Name) (Print or Type Name) ' STATE OF �J COUNTY O ..�/ n On ���. til , 2W /q personally appeared 1 SS before me, \j!J O v Signature Signature Signature A kaly (Notary Name and Title) TYCEFFIE MASSEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that the/she /they executed the same in 44s /her /their authq Aptj IRan city(ies), and that by fer/her /their- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) \� .r. t� :,instrument. WITNESS hand and fic' 1 seal. a 6� Signal a /lL)t y • 4 ••` daYital tSi:al Signature /Name ffldavit V Forth - CWSIGAFI -1085 (Ver. 03 -2009) `e 9 • ^t ORIGINAL / / /// �! PI!lt1t1110,� \\\\s\ TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TEXAS NEIGHBORHOOD STABILIZATION PROGRAM TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN SERVICING DEPARTMENT INITIAL LOAN CONTACT INFORMATION LOAN NUMBER: 77099912611c BORROWER NAME: TYCEFFIE MASSEY PROPERTY ADDRESS: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 MAILING ADDRESS: ,f)(,` \Q i ,■ TDDO HOME PHONE: '‘2)(1) 4 q" WORK PHONE: Ck DU? AS —140 CELL PHONE: COLD NEAREST RELATIVE (not living with you) CONTACT NAME AND PHONE NUMBER: \'7 \\a s& TDHCANSPINITIALLNCONTACTINFO Fonn - TDHCAINF -5083 (Ver. 09 -2013) UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) B. E -MAIL CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) I Texas Department of Housing and Community Affairs P. O. Box 13941 Austin, Texas 78711 -3941 L 1 THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY la. INITIAL FINANCING STATEMENT FILE NUMBER Rec. 07/10/2012 Doc. No. 12- 0022037663 lb. pi This FINANCING STATEMENT AMENDMENT is to be filed for record] (or recorded) in the REAL ESTATE RECORDS Filer. ebasb Amendment Addendum (Form UCC3Ad) er_K] provide Debtor's name in item 13 2. ❑ TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to the security interest(s) of Secured Party authorizing this Termination Statement 3. ❑ ASSIGNMENT (full or partial): Provide name of Assignee in item 7a or 7b, en I address of Assignee in item 7c end name of Assignor in item 9 For partial assignment, complete items 7 and 9 and also indicate affected collateral in item 8 4. ❑ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to the security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law 5. ❑ PARTY INFORMATION CHANGE: Check one of these two boxes: AND Check one of these three boxes to: CHANGE name and /or address: Complete ,--, name: Complete item This Change affects Debtor er Secured Party of record ❑ item 6a or 6b; ens' item 7a or 7b eee item 7c 75 or 7b, an item 7c 6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only gna name (6a or 6b) R DELETE name: Give record name to be deleted in item 6a or 6b 6a. ORGANIZATION'S NAME 6b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only gns name (7a or 7b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name) OR 7a. ORGANIZATION'S NAME 7b. INDIVIDUALS SURNAME INDIVIDUALS FIRST PERSONAL NAME INDIVIDUAL'S ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. COLLATERAL CHANGE: Also check one of these four boxes: ❑ ADD collateral © DELETE collateral ❑ RESTATE covered collateral Indicate collateral: BEING 0.195 OF AN ACRE OF LAND, MORE OR LESS, SITUATED 1N THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT TWO (2), VANN- JOHNSON SUBDIVISION, A SUBDIVISION IN CITY OF HUNTSVILLE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. ASSIGN collateral 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only fine name (9a or 9b) (name of Assignor, if this is an Assignment) If this is an Amendment authorized by a DEBTOR, check here ❑ and provide name of authorizing Debtor OR 9a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 9b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 10. OPTIONAL FILER REFERENCE DATA: NSP #770999991266: City of Huntsville, a political subdivision of the State of Texas International Association of Commercial Administrators (IACM FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (Form UCC3) (Rev. 04/20/11) UCC FINANCING STATEMENT AMENDMENT ADDENDUM FOLLOW INSTRUCTIONS 11. INITIAL FINANCING STATEMENT FILE NUMBER: Same as item la on Amendment form Doc. No. 00004671 12. NAME OF PARTY AUTHORIZING THIS AMENDMENT: Same as item 9 on Amendment form OR 12a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 12b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 13. Name of DEBTOR on related financing statement (Name of a current Debtor of record required for indexing purposes only in some filing offices - see Instruction item 13): Provide only one Debtor name (13a or 13b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); see Instructions if name does not fit R 13a. ORGANIZATION'S NAME CITY OF HUNTSVILLE 13b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 14. ADDITIONAL SPACE FOR ITEM 8 (Collateral): 15. This FINANCING STATEMENT AMENDMENT: ❑ covers timber to be cut ® covers as- extracted collateral 0 is filed as a fixture filing 16. Name and address of a RECORD OWNER of real estate described in item 17 (if Debtor does not have a record interest): 17. Description of real estate: BEING 0.195 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT TWO (2), VANN- JOHNSON SUBDIVISION, A SUBDIVISION IN CITY OF HUNTSVILLE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 18. MISCELLANEOUS: International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT ADDENDUM (Form UCC3Ad) (Rev. 04/20/11) METES AND BOUNDS DESCRIPTION of Lot 2 of Vann - Johnson Subdivision, Huntsville, Texas Being a 0.195 of an acre (8,512 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 2 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W,C.T.); said 0.195 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the southeasterly corner of Lot 3 of said Vann - Jolmson Subdivision, same being the northeasterly corner of said Lot 2, being in the easterly line of said 1.17 acre tract, from which a found 5/8 -inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the northeasterly corner of Lot 1 of said Vann - Johnson Subdivision, being the southeasterly coiner of said Lot 2; THENCE, South 87 °24'13" West, a distance of 80.17 feet, along the northerly line of said Lot 1, being the southerly line of said Lot 2 to a found 5/8 -inch iron rod with cap at the northwesterly corner of said Lot 1, being the northeasterly corner of that certain tract of land conveyed to Florin Randle by deed and recorded in Volume 179, Page 541 of said Deed Records, same being an el corner in the westerly line of said 1.17 acre tract; THENCE, South 88 °31'13" West, a distance of 70.00 feet, along the northerly line of said Florine Randle tract, being the southerly line of said Lot 2, same being the westerly line of said 1.17 acre tract to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.21 acre tract of land conveyed to Betty Ronde' by deed and recorded in Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Fiorillo Randle tract, same being the southwesterly corner of said Lot 2; 1'11ENCE, North 02 °35'47" West, a distance of 55.64 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of said Lot 3, being the northwesterly corner of said Lot 2; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 3, being the northerly line of said Lot 2 to the Point of Beginning and containing 0.195 of an acre of land. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid cooed hate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780:255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. Prepared by: GeoSohrtions, LLC 25814 Budde Road Spring, Texas Tel. 281 - 681 -9766 Job No. 11 -249 -027 STEPHEN M.CHRUSZCZAK 1-° -cyan IT ae�ft 1 OF., T' LEGEND -1 GUY WIRE r-01 POWER POLE SIGN Q WATER WELL • FOUND MONUMENTTION (TYPE NOTED) 2 METER BOX —P— POWER LINES — //— FENCE /// EDGE OF ASPHALT W I 10" 8.1. PER PLAI' L SET.5 /8 "I.R. W/"GS "CAP 1 CLEAN OUT FIRE HYDRANT 0 WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY. TEXAS PLAT RECORDS WALKER COUNTY, TEXAS D.R.W.C.T. 0.P.R.W.C.T. P.R.W.C.T. LOT 3 VANN- JOHNSON SUBDIVISION VOL. 5, PG. S1 P.R.W.C.T. 1\187'24'13"E 150.16' 10' D.L. PER PLAT 0 15 30 SCALE: 1" = 30' IQ. la Ia o 5; IN 10' B.L. PER PLAT LOT LINE 3' X3' I p STEPS LOT 2 0.195 ACRES (8,512 SQ. FT.) " •.,,49.0' • N FND,5/8 "I.R, 10' &L, PER PLAT 6 W CAP .SUBDIVISION LINE S88 '31 '13 "W 70.00' CHAINLINK FENCE FLORINL' RANDLE VOL. 179, PC 541 D. R. W. C. T. // 1 -STORY BRICK BUILDING 49.0' U 0 a p31.7' 0 I I I J ma 121, -- 0- -- - - - -� 31.6' LOT LINE FND.5 /8 "I.R. S8724'13 "W W /CAP 80.17' r10' B.L. PEP. PLATT¢ Ia Iw a Im . 1v, IN LOT1 I SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that thls survey was mode on the ground and completed on November 9, 2012 that this drawing correctly represents the facts found at the time of survey and thot this professional service substontiolly conforms to the current Texas Society of Professional Surveyors Standards. and Specifications for a Category 16, Condition II Survey. Steplieo1(1. Chruszezal;‘,;"' R.P.L.S. No. 5937 NOTES 1. This survey was performed without the benefit of a Title Commitmen t. 2. Horizontol Control is bosed on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & Eost= 3.802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & Eost= 3,801,780.255). Bearings described are related to the Texas Coordinate System of 1983. Centro) Zone. Distances shown ore US Survey Feet in 'Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. 3. Square footage totals shown hereon are bused on mathematicol closures and do not necessarily represent the positional occurocy of the boundory monumentotion. Q1 n w1 a 10" U.E. PER PLAT V FN0.3, "I.R, SERVIC 60 POLE \a j W al a JJ tip 11 ONC. J , In I LIJ O NI FND.1 /2 "IR CALLED I50' ROAD PT. f1ESIDUE 01883 BIROS. & CO. (AOICKES BRACT No. 9) VOL. 85. (PACE 161 ASBUILT SURVEY OF LOT 2 OF VANN- JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS Solutions,LLC 25814 Budde Rood Spring, Texas 77380 Phone:281 -681 -9766 Fox:281- 681 -9779 are ,,,, D. KC e,to: 11/12/12 sem ",.. __.._.. 1 " =30' cn ea ex MC c.y.: N/A Project No. 11 -249 -027 erow:n9 Nam, LOT2- ASB.DWG AiIoo /NM No. N/A UCC FINANCING STATEMENT AMENDMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) B. E -MAIL CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) E Texas Department of Housing and Community Affairs P. O. Box 13941 Austin, Texas 78711 -3941 Rawl% to: ',OUN11 1111.E COMPANY 1109 UNIVERSITY AVENUE I TEXAS 7 HUNTSV�3 E� 2 _/Zci/ THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1 a. INITIAL FINANCING STATEMENT ALE NUMBER Rec. 06/27/2012 Doc. No. 00004671 OPR Walker Cty b.© This FINANCING STATEMENT AMENDMENT is to be filed [for record] (or recorded) in the REAL ESTATE RECORDS Filer: Bann Amendment Addendum (Form UCC3Ad) and provide Debtor's name in item 13 2. Lf TERMINATION: Effectiveness of the Financing Statement Identified above is terminated with respect to the security interest(s) of Secured Party authorizing this Termination Statement 3. ❑ ASSIGNMENT (full or partial): Provide name of Assignee in item 7a or 7b, gad address of Assignee in item 7c and. name of Assignor in item 9 For partial assignment, complete items 7 and 9 g175( also indicate affected collateral in item 8 4. ❑ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to the security interest(s) of Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law 5. ❑ PARTY INFORMATION CHANGE: Check one of these two boxes: This Change affects ❑ Debtor ar 6. CURRENT RECORD INFORMATION: Complete for Party Information Change - provide only one name (6a or 6b) AND Check dna of these three boxes to: CHANGE name and /or address: Complete ADD name: Complete item DELETE name: Give record name Secured Party of record ❑ item 6a or 6b; and item 7a or 7b gnd Item 7c ❑ 7a or 7b, and item 7c ❑ to be deleted in item 6a or 6b OR 6a. ORGANIZATION'S NAME 6b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change - provide only dna name (7a or 7b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name) 7a. ORGANIZATION'S NAME vn 7b. INDIVIDUAL'S SURNAME INDIVIDUAL'S FIRST PERSONAL NAME INDIVIDUALS ADDITIONAL NAME(S)/INITIAL(S) SUFFIX 7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 8. COLLATERAL CHANGE: A124 check one of these four boxes: ❑ ADD collateral Indicate collateral: BEING 0.195 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT TWO (2), VANN- JOHNSON SUBDIVISION, A SUBDIVISION IN CITY OF HUNTSVILLE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. DELETE collateral ❑ RESTATE covered collateral ❑ ASSIGN collateral 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only no name (9a or 9b) (name of Assignor, if this is an Assignment) If this is an Amendment authorized by a DEBTOR, check here ❑ and provide name of authorizing Debtor 9a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS OR 9b. INDIVIDUALS SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 10. OPTIONAL FILER REFERENCE DATA: NSP #770999991266: City of Huntsville, a political subdivision of the State of Texas International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (Form UCC3) (Rev. 04/20/11) UCC FINANCING STATEMENT AMENDMENT ADDENDUM FOLLOW INSTRUCTIONS 11. INITIAL FINANCING STATEMENT FILE NUMBER: Same as item is on Amendment form Doc. No. 00004671 12. NAME OF PARTY AUTHORIZING THIS AMENDMENT: Samo as item 9 on Amendment form OR 12a. ORGANIZATION'S NAME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 12b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 13. Name of DEBTOR on related financing statement (Name of a current Debtor of record required for indexing purposes only In some filing offices - see Instruction Item 13): Provide only oar e_ Debtor name (13a or 13b) (use exact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); see Instructions if name does not fit OR 13a. ORGANIZATION'S NAME CITY OF HUNTSVILLE 13b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S) /INITIAL(S) SUFFIX 14. ADDITIONAL SPACE FOR ITEM 8 (Collateral): 15. This FINANCING STATEMENT AMENDMENT: Elcovers timber to be cut ❑ covers as- extracted collateral ❑ is filed as a fixture filing 16. Name and address of a RECORD OWNER of real estate described in item 17 (if Debtor does not have a record interest): 17. Description of real estate: BEING 0.195 OF AN ACRE OF LAND, MORE OR LESS, SITUATED IN THE P. GRAY LEAGUE, A -24, WALKER COUNTY, TEXAS AND BEING ALL OF LOT TWO (2), VANN- JOHNSON SUBDIVISION, A SUBDIVISION IN CITY OF HUNTSVILLE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 5, PAGE 81 OF THE PLAT RECORDS, WALKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 18. MISCELLANEOUS: International Association of Commercial Administrators (IACA) FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT ADDENDUM (Form UCC3Ad) (Rev. 04/20/11) METES AND BOUNDS DESCRIPTION of Lot 2 of Vann- Johnson Subdivision, Huntsville, Texas Being a 0.195 of an acre (8,512 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas and being all of Lot 2 of the Vann - Johnson Subdivision, as recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said 0.195 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the westerly line of that certain called 50' Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the southeasterly corner of Lot 3 of said Vann- Johnson Subdivision, same being the northeasterly corner of said Lot 2, being in the easterly Iine of said 1.17 acre tract, from which a found 5/8 -inch iron rod with cap bears South 57 °23' West, 0.42 feet; THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50' Road, being the easterly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the northeasterly corner of Lot 1 of said Vann - Johnson Subdivision, being the southeasterly corner of said Lot 2; MINCE, South 87 °24'13" West, a distance of 80.17 feet, along the northerly line of said Lot 1, being the southerly line of said Lot 2 to a found 5/8 -inch iron rod with cap at the northwesterly corner of said Lot 1, being the northeasterly corner of that certain tract of land conveyed to Florine Randle by deed and recorded in Volume 179, Page 541 of said Deed Records, same being an el corner in the westerly line of said 1.17 acre tract; THENCE, South 88 °31'13" West, a distance of 70.00 feet, along the northerly line of said Florine Randle tract, being the southerly line of said Lot 2, same being the westerly line of said 1.17 acre tract to a found 5/8 -inch iron rod with cap in the easterly line of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Florine Randle tract, same being the southwesterly corner of said Lot 2; THENCE, North 02 °35'47" West, a distance of 55.64 feet, along the easterly line of said 0.21 acre tract, being the westerly line of said Lot 2 and said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly corner of said Lot 3, being the northwesterly corner of said Lot 2; THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot 3, being the northerly line of said Lot 2 to the Point of Beginning and containing 0.195 of an acre of land. Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East= 3,801,780;255). Bearings described are related to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99938. Plat of even date accompanies this description. Prepared by: GeoSolutions, LLC 25814 Budde Road Spriug, Texas Tel. 281 -681 -9766 Job No. 11 -249 -027 le It isr t:J!j LEGEND -- GUY WIRE re-' POWER POLE SIGN WATER WELL FOUND MONUMENTTION (TYPE NOTED) ® METER BOX —P— POWER LINES --1/— FENCE /// EDGE OF ASPHALT W al ml 21 L_ w I SET.5 /8 "I.R. W / "GS'CAP 1 QI c0O CLEAN OUT -•� FIRE HYDRANT 0 WATER VALVE DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY. TEXAS PLAT RECORDS WALKER COUNTY. TEXAS D.R.W.C.T. 0.P.R.W.C.T. P.R.W.C.T. LOT 3 VANN- JOHNSON SUBDIVISION VOL. 5, PG. 81 P.R.W.C.T. N 87-24'1.3"E 150.16' LOT UNE mg 0 15 30 1¢ la I0 S' 5 IN 0 10• B.L. PER PLAT 10' B.L. PER PLAT SCALE: 1" = 30' 3')(3" p - LOT 2 W I 0.195 ACRES ° (8,512 SQ. FT.) 21 L FND.5 /8 "I.R. 10' B•L PER PLAT W CAP SUBDIVISION LINE 58831 '13 "W 70.00' CHA /NUNK FENCE ILORJNL' RANDLE VOL. >79, PC 54> D. R. IY. C. T. , , ' 49.0 ,o N 1 —STORY o BRICK BUILDING U 0 31.7' I InC 1 IN W ,,,,,,/ - ,-- ' - - - -�J 31.6' LOT LINE FND.5 /8 "I.R. S87'24'13 "W W /CAP 80.17' rip• B.L PEP. PLAT¢ It SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that this survey was made on the ground and completed on November 9, 2012 that this drawing correctly represents the facts found at the time of survey and that this professional service substantiolly conforms to the current Texas Society of Professional Surveyors Standards. and Specifications for a Category 16. Condition II Survey. / •j r • Steph et:4AT Chruszcza ) R.P.L.S. No. 5937 NOTES: /(z/ 1. This survey wos performed without the benefit of o Title Commitment. 2. Horizontal Control is bosed on holding City of Huntsville Monuments No. 7574 (grid coordinate of North = 10.262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North = 10,262,526.24 & East = 3,801.780.255). Bearings described ore 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. 3. Square footage totals shown hereon ore based on mothematicol closures and do not necessarily represent the positional occurocy of the boundary monumentotion. 1w a 1J m • 101 IN LOT 1 1U' U.E. PER PLAT 60 FND.3 /8 "I.R. 1 RVIC` POLE \ d LOir I �A., 0.''j j f 1 Q 3.71' o ix-ONC.wIw 0 wi (1) FND.1 /2 "IR CALLED 150' ROAD PT. hESIOUE mess B1t05. & Co. (ADICKES 11RACT No. 9) VOL 85.1 PAGE 161 /� I l ASBUILT SURVEY OF LOT 2 OF VANN - JOHNSON SUBDIVISION OF THE PLEASANT GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS iLSY� m 4, Solutions,LLC 25814 Budde Road Spring, Texas 77380 Phone:281 -681 -9766 Fox:281- 681 -9779 o,eN "s By. KC o,,, 11/12/12 s.00 ch... BX MC r.e.: N/A 1 " =30' Project No. aro•"o Nome 0110, /00 No. 11- 249 -027 LOT2- ASB.DWG N/A • 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, a public and official agency of the State of Texas By: Its: Duly Authorized Representative DATE: f ij i L) ,Z1-/ ?-/ 1 9. 0/ L/ Loan No.: 77099912611c TDHCADELARB Form - TDHCAART1-1423 (Ver. 09-2013) ORIGINAL Please give this letter to borrower at closing. FEBRUARY 21, 2014 TYCEFFIE MASSEY 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Re: Loan Number 77099912611c Dear TYCEFFIE MASSEY The Texas Department of Housing and Community Affairs would like to welcome you as a new customer. Your first payment on your mortgage loan will be due MARCH 01, 2015 . Please use the temporary coupon attached below when mailing your first payment. Your loan may include an escrow account, which is used to pay your taxes and insurance. Annually, we will analyze the escrow account, and your payment may be adjusted accordingly. If, for example, your property taxes increase, your payment may also increase. At the end of each year, the Department will send you an annual statement for your records. This information will also be transmitted to the Internal Revenue Service for income tax purposes. If you have any questions or concerns regarding your mortgage loan, please don't hesitate to contact us at the number listed below. We look forward to servicing your mortgage loan. Texas Department of Housing and Community Affairs If by mail: P.O. Box 13941, Austin, Texas 78711 -3941 If by overnight delivery service: 221 E. llth 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: 77099912611c Payment Due Date: MARCH 01, 2015 Borrower Name: TYCEFFIE MASSEY Mortgage Loan Payment: Principal & Interest: Escrow: Total Payment: TDHCANSPPAYHBA Fonn - TDHCAPC2 -1205 (Ver. 11 -2013) 955.00 955.00 (if not forgiven) AMORTIZATION SCHEDULE BORROWER: TyCeffie Massey LOAN NUMBER: 77099912611c LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS LOAN AMOUNT: $4,775.00 Payment Date P & I Payment Princiapl Balance 3/1/2015 $955.00 $955.00 $3,820.00 3/1/2016 $955.00 $955.00 $2,865.00 3/1/2017 $955.00 $955.00 $1,910.00 3/1/2018 $955.00 $955.00 $955.00 3/1/2019 $955.00 $955.00 $0.00 END OF AMORTIZATION SCHEDULE Debtor: TYCEFFIE MASSEY Collateral: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Creditor: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Loan No: 77099912611c COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) This Notice is being provided to the Debtor pursuant to Chapter 307 of the Texas Finance Code. All terms used in this Notice that are defined in Chapter 307 shall have the same meaning in this Notice. The Debtor has entered into a credit transaction with the Creditor for which a credit agreement exists. The credit agreement requires the Debtor to maintain insurance on the Collateral. Debtor is hereby notified that: (A) the Debtor is required to: (i) keep the Collateral insured against damage in the amount equal to the Debtor's indebtedness to the Creditor; (ii) purchase the insurance from an insurer that is authorized to do business in this state or an eligible surplus lines insurer; and (iii) name the Creditor as the person to be paid under the policy in the event of a loss; (B) the Debtor must, if required by the Creditor, deliver to the Creditor a copy of the policy and proof of the payment of premiums; and (C) if the Debtor fails to meet any requirement listed in Paragraph (A) or (B), the Creditor may obtain collateral protection insurance on behalf of the Debtor at the Debtor's expense. Debtor hereby acknowledges receipt of this Notice at the time Debtor executed the credit agreement with Creditor. TY ' FFIE MASSEY - Borrower - Borrower - Borrower - Borrower COLLATERAL PROTECTION INSURANCE NOTICE (Section 307.052, Texas Finance Code) Fonn - TXCOLLAT -0378 (Ver. 11 -2012) ORIGINAL TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): TYCEFFIE MASSEY Property Address: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099912611c 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. fQ B o er TY E FIE MASSEY STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on TYCEFFIE MASSEY My commission pi/r,e : a� 0 .•••••. U,n or (Seal) " c� c Penalty Disclosure . . e. oF'7E1,"' .�.- Form - TXFRAUDI -4701 (Ver. 011 -2012) r✓rrr8 /4 -72�j4 �,"S'''. ORIGINAt1iliiiii0 1, °� } 7€1-21 // , by State of TEXAS ,47//4.27 Notary's Typed or Printed Name e ,2A}-re. TEXAS MORTGAGE FRAUD NOTICE Borrower Name(s): TYCEFFIE MASSEY Property Address: 123 AVENUE D HUNTSVILLE, WALKER County, TEXAS 77320 Loan Number: 77099912611c 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. �� Borr er TYCEFFIE MASSEY STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me on TYCEFFIE MASSEY My commission ex ` \ N I I I m0/0 0j • (Seal) Penalty Disclosure Fonn - TXFRAUDI -0701 (Ver. , by AIL-( /2 Nota T ubli , State of TEXAS /1/4/ kE/t177) d>9 P5 • Notary's Typed or Printed Name . F�OFTE� /P�i� on-2m) ��s•Bj42U14 ORIGi`1((1enllne�