image192791!'xIIIBIT n
AFFIDAVIT OF COMPLETION
For reconstruction, new construction, and Rehabilitation
Property Cock § 53.106
THE STATE OF TEXAS
COUNTY OF WALKER
Owner: CI'T'Y OF I-IUNTSVILLIif, a political subdivision of the State of Texas
Owner's Address: 1212 Avenue M, Huntsville, Walker County, Texas 77340
Contractor: CITY OF IIUNTSVILLE, a political subdivision of the State of Texas
Contractor's Address: 1212 Avenue M, 'Huntsville, Walker County, Texas 77340
Lender: TEXAS DEPAR'T'MENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
bender's Address: 221 E. 11111 Street, P.O. Box 13941, Austin, Texas 78711 -3941
Loan: Evidenced by a Promissory Note payable to Lender dated , 2012,
m the original pincipal suns of $594,033.20.
The Loan is secured by the Interim Construction Deed of Trust recorded in the Real Property
Records of Walker County, Texas.
Legal Description of Lot(s): More particularly described in f',xhibtt A attached hereto and nmele a
part hereof, which have street addresses of:
500 2nd Street, Huntsville, Walker County, Texas 77320; 115, 117, 119, 121 and
123 Avenue 1.), Huntsville, Walker County, 'Texas 77320
Improvements: Acquisition and Construction of a single - family residence and related
improvements on the 1.,ot(s) described above.
The persons or entities signing this affidavit have been duly sworn. Under oath, they swear
the following information is true:
1. Description of Transaction. Owner borrowed money from Lender to construct the
Improvements. Owner and Lender have executed a Construction loan Agreement in
connection with the Loan. Lender would not have made the Loan without Owner's
agreement to sign this Affidavit. The signatures on this Affidavit are genuine and the
persons or entities named have authority to sign this Affidavit.
T:1idkellLonn Docs\NSP11ritcriin Construction Loans\1 266 City of Iluntsviile\lntcriin Construction Loan
Agrcerncnt_ 201203 19__v 5.doc
Page 9701'121
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR
NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED
REPRESENTATIVE HAS COUNTERSIGNED BELOW.
COMMITMENT FOR TITLE INSURANCE
201108784
ISSUED BY
FIDELITY NATIONAL TITLE INSURANCE COMPANY
We, Fidelity National Title Insurance Company, will issue our title insurance policy or policies (the
Policy) to You (the proposed insured) upon payment of the premium and other charges due, and
compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved
by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land
described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on
Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or
failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of
this Commitment and end when this Commitment expires.
TX0311 201108784
Walker County Title Company
1 109 University Ave
Huntsville , TX 77340
Tel: (936) 295 -8173
Fax: (936) 295 -0371
Fidelity National Title Insurance Company
Authorized Signature
nrrtsr
(mi /u /DQ L
rn,
Presrdoit
ticc:ury
CONDITIONS AND STIPULATIONS
1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that
is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is
ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such
matter, we may amend Schedule B, but we will not be relieved of liability already incurred.
2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our
liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire
the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject
to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions.
Form No.27C13443(11/2009)
Commitment For Title Insurance (T -7)
Fidelity National Title Insurance Company
Form T -7: Commitment for Title Insurance Form Prescribed by Texas Department of Insurance
SCHEDULE A
File No,: 201108784 Effective Date of Commitment: March 9. 2012 at 8:00 a.m
Issued: March 22, 2012 at 8:00 a.m.
1. The policy or policies to be issued are:
a. OWNER'S POLICY OF TITLE INSURANCE (Form T -1 )
(Not applicable for improved one -to -four family residential real estate)
Policy Amount:
PROPOSED INSURED:
b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
-- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 R)
Policy Amount:
PROPOSED INSURED:
c. LOAN POLICY OF TITLE INSURANCE (Form T -2)
Policy Amount: $594,033.20
PROPOSED INSURED: Texas Department of Housing and Community Affairs
Proposed Borrower: City of Huntsville
d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T -2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
f. OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is:
Fee Simple
3. Record title to the and on the Effective Date appears to be vested in:
CITY OF HUNTSVILLE
(Vesting Deed dated September 29, 2010 from William Harold Vann, Fannie Earline Vann ,Vann G. Hawkins, Sr. and
Lorrissa R. Lincoln to City of Huntsville, recorded in Volume 955, Page 720 of the Official Public Records. Walker County,
Texas)
Schedule A of this Commitment consists of 2 page(s)
Fidelity National Title Insurance Company •
Legal description of land:
TRACT' 1:
BEING 0.185 of an acre of land, more or less, situated in the P. GRAY LEAGUE. A -24, Walker County, Texas and being all
of LOT ONE (I), 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.
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), 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.
TRACT 3:
BEING 0.196 of an acre of land, more or less, situated in the P. GRAY LEAGUE, A -24, Walker County, Texas and being all
of LOT THREE (3), VANN- JOHNSON SUBDIVISION, a subdivision in City of Huntsville, according to the map or plat
thereof recorded in Volume 5, Page 81 of the Plat Records, Walker County, Texas, and being more particularly described by
metes and bounds on Exhibit "A" attached hereto and made a part hereof.
TRACT 4:
BEING 0.196 of an acre of land, more or less, situated in the P. GRAY LEAGUE. A -24, Walker County. Texas and being all
of LOT FOUR (4), VANN- JOHNSON SUBDIVISION, a subdivision in City of 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.
TRACT 5:
BEING 0.196 of an acre of land, more or less. situated in the P. GRAY LEAGUE, A -24, Walker County, Texas and being all
of LOT FIVE (5), 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.
TRACT 6:
BEING 0.164 of an acre of land, more or Tess, situated in the P. GRAY LEAGUE, A -24, Walker County, Texas and being all
of LOT SIX (6), 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.
NOTE: The Company is prohibited from Insuring the area or quantity of land described herein. Any statement in the above
legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only
for informational and%or identification purposes and does not override Item 2 of Schedule B hereof.
Schedule A of this Commitment consists of 2 pageis)
• •
METES AND BOUNDS DESCRIPTION of
Lot 1 of Vann - Johnson Subdivision, Huntsville, Texas
Being a 0.185 of an acre (8,080 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of Lot I of the Vann- Johnson Subdivision, as
recorded in Voltune 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 the Official Public Records of Walker County,
Texas (O.P.R. W.C.T.); said 0.185 of an acre of land being more particularly described by metes
and bounds as follows:
BEGINNING at a found 5/8 -inch iron rod with cap at the southwesterly comer 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 in the northerly line of that certain called 9.04 acre tract of land conveyed to
the City of Huntsville by deed and recorded under Volume 180, Page 99 of said Deed Records,
same being the northerly line of Second Street (50' Road Easement) of record under Volume 70,
Page 393 of said Deed Records, and being the southeasterly corner of said Lot 1 and said 1.17
acre tract;
THENCE, South 88°31'13" West, a distance of 80.19 feet, along the southerly line of said Lot
1 and said 1.17 acre tract, being the northerly line of said 9.04 acre tract and said Second Street to
a found 5/8 -inch iron rod with cap at the southeasterly corner of that certain tract of land
conveyed to Florine Randle by deed and recorded in Volume 179, Page 541 of said Deed
Records, being the southwesterly comer of said Lot I and said 1.17 acre tract;
THENCE, North 02°35'47" West, a distance of 100.00 feel, along the common line of said
Florine Randle tract and said Lot 1 and 1.17 acre tract to a found 5/8 -inch iron rod with cap in the
southerly line of Lot 2 of said Vann-Johnson Subdivision, being the northeasterly corner of said
Florin° Randle tract, same being the northwesterly corner of said Lot 1, and being an e1 corner in
the westerly line of said 1.17 acre tract;
THENCE, North 87 °24'13" East, a distance of 80.17 feet, along the southerly line of said Lot
2, being the northerly line of said Lot 1 to a found 5/8 -inch iron rod with cap in the westerly line
of said 50' Road, being the southeasterly comer of said Lot 2, same being the northeasterly confer
of said Lot 1 and being in the easterly line of said 1.17 acre tract;
THENCE, South 02 °35'47" Enst, a distance of 101.56 feet, along the westerly line of said 50'
Road, being the easterly line of said Lot 1 and said 1.17 acre tract to the Point of Beginning and
containing 0.185 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 Feat in "Field Horizontal" units
and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988.
Plat ofeven date accompanies tills description.
Prepared by:
GeoSolutlous, LLC
25814 Duthie Road
Spring, Texas
Tel. 281- 681 -9766
EXHIBIT "A"
PAGE 1. OF r
1
LEGEND
C°Y lOt
re." AMA Poet
SCR
item mu.
• • (TM NOTED
0
—4.-- ram LNCS
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717— ma or motors
02L0 =COOS OW=
COUNTY. TOW
mew. Moue Moms O 1 30 60
202112231 COUNTY. TEM
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1ATY
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CITY OP .911 7'SY/LL!
VOL Rid. PAM=
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SCMI: r - 30'
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Ip
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T3 Ewa( N8724.13 E
80.17' ,.r3irue
rves, rr u It! no
lark- A
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T
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VANN-
lNN
susorasoo
Va. s
PAW.CT.
L —
ST AL FA M7
580'3113 W
algt OF
( „,,,,,, a 4e9
SURVEYORS CERTF IOATE Wit OR' G i 16 Cam' �iG SS
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I 'i 7 evilly 4 Th• PIi d M/dww IM 1h4 Arm ro LI.Cr.Cf.
SrwM a1 a.ryl.tN a AW1 14 211
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m1•Ow 10. Ca.N: 11 S t •a sr.dlleu.r be •
RP 11..SU
NOTE&
..rote •. r.Kr.ul •l.aut U. ....W .I • 1w
L 1aa..ti C..u.1 Y toad a War, City N 1Uwp.0. wrrrlt•
1.n 7314 (OA s.ri..t. •T dolt • 10.21L412531 .: fort.
3/m.001.473) .r/ 7373 (141 n.r*M..I M..a • 10.2/2.320.24
t 2..1- SAO1.T00.163} 'Wm" Iwa[k/ .r mew 4. 1.. Tor
C4e241.2t• 272aw N Ip.L C..1N Irmo 041.... mow .r. US
Sun" r..( 12 Yt• Ifr1..1141' Imes and 1..y be e worts
YAO" tonna by •MIM71. by • as*iMr .d. beta. M OIION.
Soon Toot... 1.1.2 demo Ursa rs WWI an .a1.r.40w1
b~~ ^0r4• Ue ...ks.I ...r.ry 10. y ... t r
4. 4 .re►tta .I .von dot. •••••.4• 0d. PW.
•b
Po
h
r
r
GUM 30' MOO
Pr. name
eur°.00.m
facers ne.cr 4. ,J
IR IAA lecc T.r
LOT 1 OF VANN - JOHNSON
SUBDIVISION OF THE PLEASANT
GRAY LEAGUE, A -24
IN WALKER COUNTY, TEXAS
23014 0■4.• Rood
]RM. Team 77700
Mow201 NH7M foe Zit- gill-0772
EXHIBIT "A"
PAGE 2 OF 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
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 comer of said Lot 2;
THENCE, South 87°24'13" West, a distance of 80.17 feet, along the northerly lice 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
comer 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 comer 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 Raadel 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 comer 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 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.
EXEIB L T "A"
PAGE OF
•
Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid
coordinate of North = 10,262,485.31 & Easta 3,802,009.473) and 7575 (grid coordinate of North
a 10,262,526.24 & East= 3,801,780.255). Bearings described are related to the Texas Coordinate
System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units
and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988.
Plat of even date accompanies this description.
Prepared by:
GeoSolutIons, LLC
25814 Budde Road
Spring, Texas
Tel. 281- 681 -9766
Job No. 11- 249 -027
EXHIBIT "A"
PAGE E. GF 1y
•
LEGEND
4 GUY unit.
r ' POWER POt.0
® scN
W.rzR Wcu
MONO UNO NOMIIAENRg0
(7000 N01(0)
—P— ROWER 'LINES
— //— FENCE
-77 EDGE OF ASPHALT
it
01
°I
FNO.5/3 _R.
W/CAP
4.. CLEAN CtI7
FIRE NYORANT
27 WATER 090.8E
DEED RECORDS WADER
COUNTY. 001145
tuna . PUOLIC RETARDS
WALKER 0000077, TEXAS
PUT RECORDS WALKER
COUNTY, TEXAS
P.R.W. C.T.
LOT3
V ANN-JOHNSON
SUBDIVISION
VOL 5, PG 51
P.R.W.CT.
N87'24'13 E
N -M_
0 15 30 0
SCALE 1" - 30'
150.16' P.O. Ej
FNC.5 /8 .R.
W /CAP BEARS!
55773.W.0.42
Ia' •L PDN aAr
(OT ONE
r LOT 2
0.195 ACRES
CI (9,512 SQ. FT)
:I CALLED 417 ACRES
ml
car 0P NUNTSV /LLS
"9.7 VOL 955. PACE 720
O.P..RCCE
L _ ,p ,T71.01-R-4, F.v0.5 /8 I.R.
N /CAP suety sal lFW
5'88'37'13 °W
70.00'
M.eys.r
aroct
PLOR/NS RANOLE
VOL 179. PC. 541
0. .0 C T.
for DA
'FND.S /8'f.R. S87'24'13"W
W /CAP 80.17'
r'Ir e.. TsA71j
lm
LOTI 1
SURVEYOR'S CERTIFICATE
1 hereby cerlily to The My of Humane. ,1101 I11N .why .as
mode or Ih. Oro,nd am] completed on August 15. 2011
11101 104 dra.03 correctly rpr.as,to the forts round of Intl
1400 of eur and 111o1 RR 0 .
10011a11y wforma 10 the Current coo( Seden.lp of
Prol.,.lonaf SurWsyors Storldorda and Sp.cffcollone for 0
Category 19. CandlIl., 0 army.
NOTES,
94
aset
YI
I. 71111 cur fey .0s performed without Re benefit of 0 nu.
CommlNnenl.
2. nonionic' Control is based on 501d1n9 City of Hw+:0410 Nonumenls
No 757e (o'4 10.34,64 of Nerin . 10.282.405.31 W East.
3.602.009.473) and 7575 (gr4 merdn34. of North . 10.2112528.2•
& Eosin 3.301.760.255). 8eerin0 dssarted ore lebl•• 40 0u Tesoe
Ccard. roll Syalon of 1983. Centro Zone. 01etance0 snow, ors U5
Sony rein n 4014 Naiton1o' 01,. and m0y be came/sled 10
mils by mull'otyi3 by a combined scale factor of 0.99988.
3. Saoore loolag. 101100 yoen 0.,s.n ere 000.3 an morn ot.,d
.00 res cod 40 1:lol n.ussoriy represent 7110 .aytiond xcwoey 01
tn•
4. A deae'5 lion of em omit 4000mperles Inn 3101.
I! W c
I.
7 O tI w
110 b, W
to K
lVh I Q
O WI
In
FND 5/8'I.R. 1
W /CAP I
CA L£0 SO' .
90 RESIOL0
U68S BOOS i co.
(.321[5 /RACF ..4 91
2 S3, PACT PO
0.0.00
LOT 2 OF VANN- JOHNSON
SUBDIVISION OF THE PLEASANT
GRAY LEAGUE, A -24
IN WALKER COUNTY, TEXAS
So1utions,LLC
2581. ouid. Rood
Swag, texas 77380
Phonic 261- 661 -9766 Fac 281 -65 -9779
boo>. a, NC
omer
NC
II -249 -027
INN 06/19
9/0
a.... +_
10T2.OWG
N/A
EXHIBIT "A"
PAGE OJF 1�
•
METES AND BOUNDS DESCRIPTION of
Lot 3 of Vann - Johnson Sribdivialon,`Huntsvllle, Texas
Being a 0.196 of an acre (8,559 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of Lot 3 of the Vann - Johnson Subdivision, as
recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same
being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by
deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas
(O.P.R.W.C.T.); said 0.196 of an acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the westerly line of that certain called 50' Road as recorded in
Volume 85, Page 161 of Deed Records of Walker County, Texas (D.R.W.C.), being the
northeasterly corner of Lot 2 of said Vann - Johnson Subdivision, same being the southeasterly
corner of said Lot 3, and being in the easterly line of said 1.17 acre tract, from which a found 5/8-
inch iron rod with cap bears South 57°23' West, 0.42 feet;
THENCE, South 87 °24'13" Weat, a distance of 150.16 feet, along the northerly line of said Lot
2, being the southerly line of said Lot 3 to a found 5/8 -inch iron rod with cap in the easterly line
of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in
Volume 94, page 180 of said Deed Records, being the northwesterly corner of said Lot 2, seine
being the southwesterly Lot 3, and being in the westerly line of said 1.17 acre tract; •
THENCE, North 02 °35'47" West, a distance of 57.00 feet, along the easterly line of said 0.21
acre tract, being the westerly line of said Lot 3 and said 1.17 acre tract to a found 5/8 -inch iron
rod with cap at the southwesterly corner of Lot 4 of said Vann - Johnson Subdivision, being the
northwesterly corner of said Lot 3;
THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot
4, being the northerly tine of said Lot 3 to a found 5/8 -inch iron rod with cap in the westerly line
of said 50' Road, being the southeasterly confer of said Lot 4, same being the northeasterly corner
of said Lot 3, and being in the easterly line of said 1.17 acre tract;
THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50'
Road, being the easterly line of said Lot 3 and said 1.17 acre tract to the Point of Beginning and
containing 0.196 of an acre of land.
Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid
coordinate of North = 10,262,485.31 & East 3,802,009.473) and 7575 (grid coordinate of North
= 10,262,526.24 & East= 3,801,780.255). Bearings described are related to the Texas Coordinate
System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units
and may be converted to "GRID" units by multiplying by a combined scale factor of0.99988.
Plat of even date accompanies this description.
Prepared by:
GeoSolutions, LLC
25814 Budde Road
Spring, Texas
Tel. 281- 681 -9766
Job No. 11 -249 -027
EXHIBIT "A►►
PAGE . Or 1Y
• •
LEGEND
® 9AIER WELL
FOUND uONLiVENTTi0N
(TYPE NOTED)
P0WER LINES
- //- FENCE
CDC( OF ASPHALT
7 CILAN OVT
FIR[ wawa
0 wA1ER WALK
Cal RECORDS WALKER
(DtMTY. TEXA5
ORKUL PUOUC RECORDS
NAIIIER COUNTY. 7071.05
FLAT RECORDS 9ALKER
COUNTY. TEXAS
0,P.R.W.C.T.
L.GT
X1 1)%ti
r
L
FN0.5 /8 "I.R.
W /CAP
5 61. PCt PUT
N87-2;1:'1.3 E
150.16'
NM MINN
0 15 30
SCALE 1" - 30'
LOF
z r
o al
(A N E1
oi' i1
ov xl
L
I FH0.5/8'1. R.
W /CAP
°
Z1ma�
N��a� err
C� op 4 P1
f
,I
-1
1
LOT3 i�
0.196 ACRES
(8, 559 SQ. FT.) 1 g
CALLED 7.17 ACRES 81- I m
C /TY 0/' /1UNTSVILLE
VOL 95S, PACE 720 0
o..PRIGT.
10' 6.L 789 Ft11
LOT L'
557'24.'13-W
750 /6'
f0 91. Par751.A
LOT 2
VANN - JOHNSON
SUBDIVISION
VOL. 5, PG. 81
P.ILW.CT.
SURVEYOR'S CERTIFICATE
I ha.by artily to the cly of Nunitv44• that this survey oos
mad. on M. ground one cempl.ted on August 15. 2011
.e1 1M. Noting a MVy ryrsstnts Ih. facts round at Ow
Row of survey ound that 1011 aoIWlen• ..,Me.
oa61tanlb.y nonfarm. to th. current - . Sachly 01
.of.sWnd Sumo)... 51.nemds and Sp.circolbn. far o
CAtegary 16. (and: Vol 6 Sumo,.
S M. C vaa
RP 5. No. 59 7
NOTES,
3
I. Th1. .umy was p.rrmm.d without M. ben.11l of a 1t,.
Cmnn.tmnt.
2. a.lontd Control 1. eased en hd4ln9 Clay of Nant.M.. yom;m.nl.
No. 7574 (aria cem0nale of North - 10.262.405.31 • East.
3.602.004.473) end 7575 (*'d eeordn<l. of North . 10.262.526.24
04 East. 3.601.760.255). 3.orinn. aeser1.4 m 14ets4 to th. hues
000,44ot. 54l.m of 1963. Central Eons. Ohlan,M shown ere V5
Survey Fast n Ti4fd Npt.onld- .nits and may b. conwl.4 to
'GRI9 anus by ma11i71y.p by a combine. seale looter of 0.99056.
3. Sou*. footage totals shown hereon me easel on molmmnotcd
cic f. M on. co not necessarily r.prooll N. positioned ac 11007 01
17. b in dory menamenlntiOn.
4. A de.rvollon of won dent *convent.. this p'el.
FN
111.9. 0.5 /8"
W /CAP
W
n.
*0
;On
Nn {
O I
N
19
P. O. B. 03
�F50.5 /6'I.R. I W
W /CAP 8EARS1 Z
557734.0.42'1
i
IC
CALLED so' mat;
Acsour
a0MS 6Ra1 • Ca
(140 !Snit fj10)
OR 04
LOT 3 OF VANN - JOHNSON
SUBDIVISION OF THE PLEASANT
GRAY LEAGUE, A -24
IN WALKER COUNTY, TEXAS
25014 Dude. Road
meant 2✓n yrr*g. 7o.os 77360
0766 Fe. 281-68 -9779
wiw4N KC
fen
06/15/17
N SC IL N/A
1-249-027 OT3.DwD
l'.30
N/A
EXHIBIT "A"
PAGE 2 OF J.
•
METES AND BOUNDS DESCRIPTION of
Lot 4 oil/aim-Johnson Subdivision, Huntsville, Texas
Being a 0.196 of an acre (8,559 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of Lot 4 of the Vann- Johnson Subdivision, as
recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same
being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by
deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas
(O.P.R,W.C.T.); said 0.196 oF an acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a found 5/8 -inch iron rod with cap in the westerly line of that certain called 50'
Road as recorded in Volume 85, Page 161 of Deed Records of Walker County, Texas
(D.R.W.C.), being the southeasterly corner of Lot 5 of said Vamr- Johnson Subdivision, same
being the northeasterly corner of said Lot 4, and being in the easterly line of said 1.17 acre tract;
THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50'
Road, being the easterly line of said Lot 4 and said 1.17 acre tract to a found 5/8 -inch iron rod
with cap for the northeasterly corner of Lot 3 of said Vann - Johnson Subdivision, being the
southeasterly corner of said Lot 4;
THENCE, South 87°24'13" West, a distance of 150.16 feet, along the northerly line of said Lot
3, being the southerly line of said Lot 4 to a found 5/8 -inch iron rod with cap in the easterly line
of that certain called 0.21 acre tract of land conveyed to Betty Randel by deed and recorded in
Volume 94, Page 180 of said Deed Records, being the northwesterly corner of said Lot 3, same
being the southwesterly corner of said Lot 4, and being in the westerly line of said 1.17 acre tract;
THENCE, North 02 °35'47" West, a distance of 57.00 feet, along the easterly line of said 0,21
acre tract and that certain called 0.62 acre tract of laud conveyed to Abe Johnson by deed and
recorded in Volume 96, Page 192 of said Deed Records, being the westerly line of said Lot 4 and
said 1.17 acre tract to a found 5/8 -inch iron rod with cap at the southwesterly confer of said Lot 5,
being the northwesterly corner of said Lot 4;
THENCE, North 87 °24'13" East, a distance of 150.16 feet, along the southerly line of said Lot
5, being the northerly line of said Lot 4 to the Point of Beginning and containing 0.196 of an acre
of land.
Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid
coordinate of North = 10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North
= 10,262,526.24 & East= 3,801,780.255), Bearings described are related to the Texas Coordinate
System of 1983, Central Zone. Distances shown are US Survey Feet in "Field Horizontal" units
and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988.
Plat of even date accompanies this description.
Prepared by
GeoSolufilms, LLC
25814 Budde Road
Spring, Texas
Tel. 281 -681 -9766
Job No. 11 -249 -027
STEPHEN M. CHRUSZCZAK
.._rA
Q
'9 suRv
EXHIBIT "A"
PAGE OF _Li
1
LEGEND
IOWA NONUISCNTdi1
(OPE NOTE0)
—1— POWER LINES
— //— FENCE
-777-- EDGE Of ASPHALT
g cum our
0 WATER VALVE
O.R. M. C. T. DEED 0EC0000 WALKER
COUNTY, TEARS
0.9.9.00 1. OFFICIAL PUBLIC RCCOROS
MAKER COUNTY, TEAAS
P.R. M.C.T. aV`T RECORDS WAAER
COUNTY, TEXAS
d
s.(3a�ld r �`NE LOTS
mod'
M
IMO 111111•1
0 15 30
SCALE 1' - 30'
1
1 1-
Im Ia
1 z ^
0" 04 ,,1
CALLED 0 s .1CRE5 F7403/8'1.R.
A85 JOHNSON W /CAP
/01. 96, PACE 792 •
OR TLC T.
NO2'35'47'W
57.00'
CALLED 0.21 ACRES]
8E771 RANO=L
001. 94, PACE 780
APRIL 8. 4.940
ORO FT. i
1C U. PO -ML _J
N57'24'13'E
150.15' for Iw
t9 /.L POI eV,
r
9)
si
Ari
L
FN0.5/81. R.
'#/CAP
r
oI
LOT 4
0.196 ACRES
(8,559 50. Ft)
CALLA:, 717 ACRES
CITY Of' NUNTSY/LLS
VOL .955, uPAC: 720
0.P..RY.CT.
10' 9l. PEN KAI
587'24'13 °W
150.18'
o e1 PAR ,. T
LOT3
VANN - JOHNSON
SUBDIVISION
VOL. 5, PG. 31
P.R.W.CT.
SURVEYOR'S CERTIFICATE
1 hereby certUy to The City al Mints-mot Mat IN. survey Lee
made on Ors ground end completed on Sequel 15. 2011
g correctly 'sprawls the lase loured at toe
Ilene of purvey ,d Mal this prolenbnd e.Nc•
.01110.lfay 0.0,0,8. 10 110 oor,ent Tem. Society .4
Prolµeiand Sin-wren Standards .M Spedncaliane for e
Category 19. canadion a Sur.vP
si ,rumor,
R.
PLS. No. 5937
NOTES
I. Ibis Pu^ey .os polaroid! withal, In. 1.0.01 of o nu.
Cananiunenl
2. 11*UOnld Control 1s Posed on holly City al Nunls*ife Uomanentd
R. 7574 (gild eatio:A ble el North . 10.282.100.31 h Eat.
3.502.009.473) gala 7573 (grel coordinate of Note . '0.282.528.24
it East. 3.001,700.253). Bearings O.sa®ed are ,Mated to the Taros
- oardinale System of 1903• Centro, Zane, Distances W+owt are US
Surrey F..l ., MQ 44aleanld' coils and may No converted la
- units by maltiplyina by o combined .coed factor of 0.99988.
3. Square [ogles. totals Worm hereon ore bored an nlatne19atIcal
dcawes N do not nesmaiy rpr.oent the pee hand eccoracy of
the Oeandory moaumen lotion.
4 A de.aplion or even date oceompanip INS pal
1
I
IY
IP
J
oO.B.
• 5/89.R.
W /CAP II
aoo
r)
O I
y
101 19E l • FN0.5/8' I
I.R.W /CAP
0,1110 30•
PT R£SIOVE
f]9OS 9805: t CO.
EeHt n PeaAa''1
098.07.
LOT 4 OF VANN- JOHNSON
SUBDIVISION OF THE PLEASANT
GRAY LEAGUE, A -24
IN WALKER COUNTY, TEXAS
Solutions,LLC
25014 Budd. Road
Spring, Tees 77300
Pboo.281- 981 -9708 Foc I81 -09 -9779
....r h KC 08 /18/11 k..
'
. o„a,e ti ` SC YL N/A 1-.30
W•rwe .. ,rw win
11- 249 -027 }DTII OAS N/A
EXEIBIT "A"
Pr,
• •
METES AND BOUNDS DESCRIPTION of
Lot 5 of Vann- Johnson Subdivision, Huntsville, Texas
Being a 0.196 of an acre (8,559 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of Lot 5 of the Vann- Johnson Subdivision, as
recorded in Volume 5, Page 81 of the Plat Records of Walker County, Texas (P.R.W.C.T.) same
being a portion of that certain called 1.17 acre tract of land conveyed to the City of Huntsville by
deed and recorded in Volume 955, Page 720 of Official Public Records of Walker County, Texas
(O.P.R.W.C.T.); said 0.196 of an acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a found 5/8 -inch iron rod with cap in the westerly line of that certain called 50'
Road as recorded in Volume 85, Page 161 of' Deed Records of Walker County, Texas
(D.R,W.C.), being the northeasterly corner of Lot 4 of said Vann-Johnson Subdivision, same
being the southeasterly corner of said Lot 5, and being in the easterly line of said 1.17 acre tract;
THENCE, South 87 °24'13" West, a distance of 150.16 feet, along the northerly line of said Lot
4, being the southerly line of said Lot 5 to a found 5/8 -inch iron rod with cap in the easterly line
of that certain called 0.62 acre tract of land conveyed to Abe Johnson by deed and recorded in
Volume 96, Page 192 of said Deed Records, being the northwesterly corner of said Lot 4, same
being the southwesterly corner of said Lot 5, and being in the westerly line of said 1.17 acre tract;
THENCE, North 02 °35'47" West, a distance of 57.00 feet, along the easterly line of said 0.62
acre tract, being the westerly line of said Lot 5 and said 1.17 acre tract to a found 5/8 -inch irou
rod with cap at the southwesterly corner of Lot 6 of said Vann - Johnson Subdivision, being the
northwesterly corner of said Lot 5;
THENCE, North 87°24'13" East, a distance of 150.16 feet, along the southerly line of said Lot
6, being the northerly line of said Lot 5 to a found 5/8 -inch iron rod with cap in the westerly line
of said 50' Road, being the southeasterly corner of said Lot 6, same being the northeasterly corner
of said Lot 5, and being in the easterly line of said 1.17 acre tract;
THENCE, South 02 °35'47" East, a distance of 57.00 feet, along the westerly line of said 50'
Road, being the easterly line of said Lot 5 and said 1.17 acre tract to the Point of Beginning and
containing 0.196 of an acre of land.
Horizontal Control is based on holding City of Huntsville Monuments No. 7574 (grid
coordinate of North =10,262,485.31 & East= 3,802,009.473) and 7575 (grid coordinate of North
= 10,262,526.24 & East= 3,801,780.255). Bearings described are related to the Texas Coordinate
System of 1983, Central Zone. Distances 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 -68I -9766
Job No. 11 -249 -027
STEPHEN M.CHRUSZCZAK
EXHIBIT r "A"
PAGE OF &
• •
LEGEND
FOU00 030j
•
(TYPE 1007E0)
—P— PORTER UNE5
— /1— FENCE
-777_- (000 OF AS....T
Z
O
UN
o
vu
OV
SS CLLN9 OUT
(-V PORTER 00(5
▪ 0(EO RECORDS MMXCR
COUNTY, 1(005
O. P. R0.0.0. 0104000 090jC RECORDS
TTALKER COUNTY, TF)US
• PUT RCC0000 WALKER
COUNTY, '(X45
15 JO
SCALE 1' - 30'
CALLED 0.052 ACRES I -1,1
CAL JOHNSON
VOL 977, f6.. 120 "20 -•
0.P.RM.CT I�
AI LORE IY 1
Im 1
I.
.Y'N0.5 /8'I. R. _
L
w /CAP
Olt/04 N87'24'73"E 1cc a''°(ie KA� I
150.16'
r
oI
.1
AI
FI
L
Ia' at. owl Pur
CALLED 0.62 ACRES 1w0.5/8'1. R.
ASE JOHNSON /1"/CAP
VOL 96, PACE /92
38456.7
LOT5 I� IC
0.196 ACRES i., If
(8,559 50. Ft)
CALLED 117 ACRES 1d ly
CITY 0P H(/AlTSVILLE It I'
VOL. 955. PACE 720
o.Parcr. - -_ I
;0r LAE
S8 7`24'13' W
150.16'
r - To 6.1. PER PEAT LoT 6
VANN•JOHNSON
SUBDIVISION
VOL 5, PG. S1
PR.W.CT.
SURVEYOR'S CERTIFICATE
I hereby certify le Ter. City el Huntsville 1001 this su,..y *cos
mode on E to ground .nd afmpi.ted on August 15. 2011
thol 9 corrtetly repen..iff the feels found 01 Ine
1 surrey end that this Pro(fsulonol
sobslunlia9Y lams to Ch. current Inas Sn ;.ty of
Prolts.lonol Survfyyf 01.00.ras 0,9 Soe9OCalionf fa 0
CoLegay 19. Co.d I1. d Survey.
Slepnen N. Chn•ccdok
R.P.IS H0. 5937
NOTES
1. 1nis su+vy .os perlermea .!:haul fns benefit el o Th.
Commitment.
2. Hai:enlel Cant. I. based • nicking City of 9u010N1. Nenumenls
o. 757* (9r10 000rd0ale 04 Rath 10.262.0631 & E,t.
3.502.009.973) and 7575 (Aid coordnel. 01 Ho-1h . 10.262326.29
2. Eagle, 3.601.760.255). Stang* d.ter0.d or. 'elated to Ins Tows
Coadinot. System .1 1963, Central Zone. OL.fences .ho.R a. U5
Survey Feel • '41,1d Hortonld' unit. .00 may be con•t.2 10
'00(0' units 0) (nulliplyng by • comolned sod. Intor of 0.99935.
3. Squaw footage :ells 10wn hereon ors based 00 mathernatkd
s and to not .nfcessoely rpr...nt tn. P011iend eco.rocy of
the bouncer, menurnnlollen.
0. A desc,olion of even eel. aeeampen.es In8 p10t.
60
\CALLED 50' ROAD
AT RF51R,t
Q65 6ROI • 01
(00r05 0140(
.R.
115. PAR' MI
D.R...c r.
P. 0.8.
ENO.
5/8-I.R.
w /CAP
LOT 5 OF VANN - JOHNSON
SUBDIVISION OF THE PLEASANT
GRAY LEAGUE, A -24
IN WALKER COUNTY, TEXAS
Solutions,LLC
25619 Sued. 0000
Pnanc 281 061 97660For 251-651-677
1
i Y MINIM ( N
Stu
I .30'
s ~
0/0
11 -299 -027
075.0.4
EXHIBIT "A"
PAGE -/ Orr 1y
• •
METES AND BOUNDS DESCRIPTION of
Lot 6 of Vann- Johnson Subdivision, Huntsville, Texas
Being a 0.164 of an acre (7,126 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of Lot 6 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 0.164 of an acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a found 5/8 -inch iron rod with cap in the westerly line of that certain called 50'
Road as recorded in Volume 85, Page 161 of the Deed Records of Walker County, Texas
(D.R.W.C.), being the northeasterly comer of Lot 5 of said Vann- Johnson Subdivision, same
being the southeasterly corner of said Lot 6, and being in the easterly line of said 1.17 acre tract;
THENCE, South 87 °24'13" West, a distance of 150.16 feet, along the northerly line of said Lot
5, being the southerly line of said Lot 6 to a found 518 -inch iron rod with cap in the easterly line
of that certain called 0.62 acre tract of land conveyed to Abe Johnson by decd and recorded in
Volume 96, Page 192 of said Deed Records, being the northwesterly corner of said Lot 5, same
being the southwesterly comer of said Lot 6, and being in the westerly line of said 1.17 acre tract•,
THENCE, North 02 °35'47" West, a distance of 33.10 feet, along the easterly line of said 0.62
acre tract, being the westerly line of said Lot 6 and said 1.17 acre tract to a found 5/8 -inch iron
rod with cap at the southwesterly comer of that certain called 0.032 acre tract of land conveyed to
Cal Johnson by deed and recorded in Volume 977, Page 120 of said Official Public Records,
being the northwesterly corner of said Lot 6, same being an interior corner in the westerly line of
said 1.17 acre tract;
THENCE, North 87°24'13" East, a distance of 60.92 feet, along the southerly line of said
0.032 acre tract, being the westerly line of said Lot 6 and said 1.17 acre tract to a found 5/8 -inch
iron rod with cap at the southeasterly corner of said 0.032 acre tract, being an interior corner in
the westerly line of said Lot 6 and sald 1.17 acre tract;
THENCE, North 04 °14'21" West, a distance of 23.65 feet, along the easterly line of said 0.032
acre tract, being the westerly line of said Lot 6 and said 1.17 acre tract to a found 5/8 -inch iron
rod with cap at the northeasterly corner of said 0.032 acre tract, being the southeasterly corner of
that certain called 3,000 sq. ft. tract of land conveyed to Cal Johnson by deed and recorded in
Volume 215, Page 412 of said Deed Records, same being the southwesterly comer of that certain
called 0.756 acre tract of land conveyed to the City of Huntsville by deeds and recorded in
Volume 584, Page 299 and Volume 584, Page 305 of said Official Public Records, also being at
northwesterly corner of said Lot 6 and said 1.17 acre tract;
THENCE, North 86 °51'49" East, a distance of 89.93 feet, along the southerly line of said
0.756 acre tract, being the northerly line of said Lot 6 and said 1.17 acre tract to a found 5/8 -inch
iron rod with cap at the northwesterly corner of said 50' Road, being the northeasterly corner of
said Lot 6 and said 1.17 acre tract
THENCE, South 02 °35'47" East, a distance of 57.59 feet, along the westerly line of said 50'
Road, being the easterly line of said Lot 6 and said 1.17 acre tract to the Point of Beginning and
containing 0.164 of an acre of land.
EXHIBIT "A"
PAGE OF 1�
• •
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
GeoSoiutIons, LLC
25814 Budde Road
Spring, Texas
Tel. 281 - 681 -9766
Job No. 11 -249 -027
EXEIBIT "A"
PAGE 1 Or 1y
•
LEGEND
•
—P_
-777—
F0L'rlO uoMU9 471
(T'9E NOTED)
POWER LINES
FENCE
EDGE OF ASPHALT
a cam OUT
fItd POWER POLL
O.Rw.C.T. DEED RECORDS WAUCER
COUNTY, 100 5
O, P.R,w,GT. Of110 t7R
*AL PJC RECORDS
KSLICER COUNTY. TEXAS
P.Rw.C.t.
•tit RECORDS •ALXER
COILIT, TEXAS
CALLED 3000 572 TT
CAL JOH.KSON
VOL 275, in 472
RECT.
NO4'14'27'
23.65'
N87'24'15 "E
60.92'
FN0.5 /61.•
W /CAP
FNO.5 /81.R.
W /G1P
FNO 5/131.R.
W /CAP
CALLED 0.756 ACRES
CITY Of yy(/N3yV /LLd
VOL 584, AG 299
VOL 584 1G 305
O.P.RIr"GT.
FN0.5 /8'1.R. NE36 'Si "E
w C . 9
I
LOT6 l
0.164 ACRES I a
.j (7,126 SQ. FT.) I R
L — —fr.:- —.r —
tor :.4
587'24'1.3"W
150.16' ro' 67. ore 291
CALLED 117 ACRES
CITY o. HuNTSVMLLB
VOL 955. PACT 720
O. P.RLCL
LOT 5
VANN-JOHNSON
SUBDIVISION
VOL. 5, PG. 81
P.R.W.CT.
SURVEYOR'S CfffTIFICATE
I hereby certify to The City of Huntsville Ihot Vie stony sae
made on tha pound dnd completed on Augu.l 15. 2011
that MN doming correctly 1 oraso t. Iho fools round at the
!Wm. of w y end that true woles.bnd mimics
a.tantldly conform. to the currant Tree. Society 1
P.ol..eiynol Sun..)ort Standard. and 5o.c1Roallen• lar o
Category 18. Condition 11 Survey.
Sl Y, lu.se
R.P .S, Nn 59 5917
NOTES,
! Thl. bony sot o «farmed .ithout the latent of a Tins
ComndtenmL
2 HoMonld Control la bowl an Adam) City of Monitorial Monument.
No. 7570 (god 000.0,ole 04 North . 1(7282.460.31 ! East.
3.902.009.473) end 7573 (pfd coordinate or Motto . 10.262.526.24
• C,,1- 3.601,780255). 6esr:g. 0.sa+bed sr related to the Texas
Ceara:01. System e7 1963. Cattiest gene, Distances shorn ars US
Survey feat N Held Heraantd- totes and may be canwted t0
'GRID' unllt by mutlyying by d combined .cosh loots cf 0.99966.
3. Square rootage total. shorn hereon se lased on mothe n.11cd
dc.ures old do not neco.esrly nses.nl th. 40•tIon• beaurdey of
0'e Poonasy m.nwn.nl.tie•
9. A 4.2190. 01 even dot• aacom9Onres lh0 pIaL
I r_
EMI IMMI
0 15 30
r
SCALE 1' 30'
FNO.
W /GAP
60
502'35'47 -E
57.59'
g4.
• FNO.
$r 5/9.7
W /CAP
LOT 6 OF VANN- JOHNSON
SUBDIVISION OF THE PLEASANT
GRAY LEAGUE, A -24
IN WALKER. COUNTY, TEXAS
Solutions,LLC
25614 Sued. Rom
Sprig, Texas 77360
Phonic 261 -661 -9766 Fec 231 -56 -9779
sera y KC
anti. se SC
nom e•
11 -249 -017
06/18/11
.s. 41/0
01 r.
7.019 060
0/0
EXHIBIT "A"
PAGE _' OF 11.
Form. Commitment for Title Insurance Form Prescribed by Texas Department of Insurance (Revised 04/01102)
Attached to and made a part of Fidelity National Title Insurance Company Commitment for Title Insurance
•
GF No. 201108784
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your policy will not cover loss, costs, attorneys fees and
expenses resulting from:
The following restrictive covenants of record itemized below (We must either insert specific recording data or
delete this exception):
This exception is hereby deleted.
Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the
Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments
or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays,
gulfs, or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that
area or easement along and across that area.
(Applies to the Owner Policy only.)
Standby fees, taxes and assessments by any taxing authority for the year 2012 and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or
ownership but not those taxes or assessments for prior years because of an exemption granted to a previous
owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a
previous tax year. (If Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R) is issued, that
policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2012
and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the
lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the
Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence to us
before a binder is issued.)
Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage.
(Applies to Mortgagee Policy (T -2) only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy of Title Insurance (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy of Title
Schedule B of this Commitment consists of 2 page(s)
Form: Commitment for Title Insurance
Form Prescribed by Texas Department of Insurance (Revised 04/01/02)
Attached to and made a part of Fidelity National Title Insurance Company Commitment for Title Insurance
GF No. 201108784
Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form
Residential Mortgagee Policy of Title Insurance (T -2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert
matters or delete this exception.):
a) All streets. rights of ways, building lines and utility easements as shown on the subdivision plat recorded in Volume
5, Page 81 of the Plat Records, Walker County, Texas.
b) Twenty -five foot (25') building set back line along the front and side property lines, ten foot (10') utility easement
along the front property line as set out on the plat recorded in Volume 5, Page 1 of the Plat Records, Walker County,
Texas and as shown on plat dated August 18, 2011, prepared by Stephen M. Chruszcak, R.P.L.S. No. 5937. (.As to
Lot 1)
c) Twenty -five foot (25') building set back line along the front, ten foot (10') building set back line along the side and
rear property lines and ten foot (10') utility easement along the front property line as set out on the plat recorded in
Volume 5, Page 1 of the Plat Records, Walker County. Texas and as shown on plat dated August 18. 2011, prepared
by Stephen M. Chruszcak, R.P.L.S. No. 5937. (As to Lot 2)
d) Twenty -five foot (25') building set back line along the front, ten foot (10') building set back line along the side and
rear property lines and ten foot (10') utility easement along the front property line as set out on the plat recorded in
Volume 5, Page 1 of the Plat Records, Walker County, Texas and as shown on plat dated August 18, 2011, prepared
by Stephen M. Chruszcak, R.P.L.S. No. 5937. (As to Lot 3)
e) Twenty -five foot (25') building set back line along the front, ten foot (10') building set back line along the side and
rear property lines and ten foot (10') utility easement along the front property line as set out on the plat recorded in
Volume 5. Page 1 of the Plat Records, Walker County, Texas and as shown on plat dated August 18, 2011, prepared
by Stephen M. Chruszcak, R.P.L.S. No. 5937. (As to Lot 4)
f) Twenty -five foot (25') building set back line along the front, ten foot (10') building set back line along the side and
rear property lines and ten foot (10') utility easement along the front property line as set out on the plat recorded in
Volume 5, Page 1 of the Plat Records. Walker County. Texas and as shown on plat dated August 18, 2011, prepared
by Stephen M. Chruszcak, R.P.L.S. No. 5937. (As to Lot 5)
Twenty -five foot (25') building set back line along the front. ten foot (10') building set back line along the side and
rear property lines and ten foot (10') utility easement along the front property line as set out on the plat recorded in
Volume 5. Page 1 of the Plat Records, Walker County, Texas and as shown on plat dated August 18, 2011. prepared
by Stephen M. Chruszcak, R.P.L.S. No. 5937. (As to Lot 6)
h) Any easements that may affect the property, such as roadways, sewer, telephone. water and /or electrical lines.
g)
i) Rights of Parties in Possession.
Schedule 13 of this Commitment consists of 2 page(s)
FORM: Commitment for Title Insurance From Prescribed by s Department of Insurance (Revised 4/1/02)
GF No. 201108784
SCHEDULE C
Your Policy will not cover loss, costs. attorneys fees, and expenses resulting from the following requirements that will
appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date
the Policy is issued:
Documents creating your title or interest must be approved by us and must be signed, notarized and filed for
record.
Satisfactory evidence must be provided that:
• no person occupying the land claims any interest in that land against the persons named in paragraph 3 of
Schedule A,
• all standby fees, taxes, assessments and charges against the property have been paid,
• all improvements or repairs to the property are completed and accepted by the owner, and that all
contractors, sub - contractors, laborers and suppliers have been fully paid, and that no mechanic's,
laborer's or materialman's liens have attached to the property,
• there is legal right of access to and from the land,
• (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and
priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the and or interest insured, that arises or is filed after the
effective date of this Commitment.
5. Note: Procedural Rule P -27 as provided for in Article (9.39 A of the Texas Insurance Code requires that "Good
Funds" be received and deposited before a Title Agent may disburse from its Trust Fund Account.
6. PLEASE NOTICE: IF AN OLD SURVEY IS GOING TO THE BE USED FOR SURVEY DELETION AND /OR
ANY OTHER REASON IN THIS TRANSACTION, WE WILL REQUIRE A SURVEY AFFIDAVIT SIGNED BY
THE SELLER/BORROWER STATING NO CHANGES HAVE BEEN MADE SINCE THE DATE OF THE
SURVEY PLAT.
We will require that all STAND -BY FEES, TAXES and ASSESSMENTS by any Taxing Authority be paid up to and
including the year 2011.
8. At closing, Company must be provided with a photo identification of all parties executing documents.
9. "Rights of parties in possession" shown in the Schedule "B" of this Commitment will be deleted from the Owner's
Title Policy ONLY if an inspection is made and paid for which shown no parties in possession other than the
sellers. If such an inspection is not required, the purchaser must sign a Waiver of Inspection and acknowledge
that they understand that the Owners Title Policy will be issued subject to the Rights of Parties in Possession.
10. Item 2 above will be amended to read "Any shortages in area" in the Mortgagee's Title Policy if we are furnished
with a survey prepared by an approved licensed Surveyor who certifies that there are no discrepancies, conflicts in
boundary lines, or any encroachments, or any overlapping of improvements.
11. When amending the "area and boundary" exception in the mortgagee policy, the Company may rely upon a copy
of a prior survey and affidavit by the borrower on residential real property if the borrower executes an acceptable
affidavit. The Company may except to matters shown on the survey or the affidavit.
Schedule C of t his Commitment consists of 2 page(s)
FORM: Commitment for Title Insurance From Prescribed by Texas Department of Insurance Revise
( d 4/1/02)
GF No. 201108784
12. We will require that this Company be provided with a REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
AND CERTIFICATION (FORM 1099 -S) executed by the Seller(s) on Sales.
13. We will require that this Company be provided with a INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS AND
POSSESSION executed by the Seller(s) or Borrower(s).
14. If the record owner is married, we will require the owner's spouse to join in the conveyance if the property is
community property or is or may become the owner's homestead, either residential or business.
15. In the event the herein described is or would be the Proposed Borrower's Homestead, residential or business, then
we require that the lien be properly created for original purchase money and /or construction of improvements and,
if evidenced by existing liens, such liens transferred and assigned to the Proposed insured.
WALKER COUNTY TITLE COMPANY
Schedule C of this Commitment consists of 2 page(s)
FORM: Commitment for Title Insurance • •
Form Prescribed
by Texas Department of Insurance (12/31/10)
GF Number: 201108784
SCHEDULE D
Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of
Texas, the following disclosures are made:
A -1. The following individuals are Directors and /or Officers of FIDELITY NATIONAL TITLE INSURANCE COMPANY:
DIRECTORS OFFICERS
Alan Lynn Stinson Raymond Randall Quirk President and Chief Financial Officer
Raymond Randall Quirk Anthony John Park Executive Vice President
Anthony John Park Daniel K. Murphy Treasurer
Michael L. Gravelle Secretary
A -2. Fidelity National Financial, Inc. owns 100% of Fidelity National Title Group, Inc. and Fidelity National Title Group, Inc. owns 100%
of Chicago Title and Trust Company and Chicago Title and Trust Company owns 100% of Fidelity National Title Insurance Company.
2. The following disclosures are made by the Title Insurance Agent issuing this Commitment:
(a) A listing of each shareholder, owner, partner or other person having, owning or controlling one percent (1 %) or more of the title
Insurance Agent that will receive a portion of the premium.
(b) A listing of eache shareholder, owner, partner, or other person having, owning or controlling ten percent (10 %) or more of an entity
that has, owns or controls one percent (1 %) of more of the Title Insurance Agent that will receive a portion of the premium.
(c) If the Agent is a corporation: (i) the name of each director of the Title Agent; (ii) the names of the President, the Executive or
Senior Vice - President, the Secretary and the Treasurer of the Title Insurance Agent.
(d) The name of any person who is not a full -time employee of the Title Insurance Agent and who receives any portion of the title
insurance premium for services performed on behalf of the Title Insurance Agent in connection with the issuance of a title insurance
form; and, the amount of premium that any such person shall receive.
(e) For purposes of this paragraph 2, "having, owning or controlling° includes the right to receipt of a percentage of net income, gross
income, or cash flow of the Agent or entity in the percentage stated in subparagraphs (a) or (b).
AGENT NAME: WALKER COUNTY TITLE COMPANY
OWNERS:
Lloyd C. Martin; Joe B. Henderson, Jr., and Hurlene Savage
OFFICERS /DIRECTORS:
President: Lloyd C. Martin
Executive Vice President: Joe B. Henderson, Jr.
Vice President: Hurlene Savage
Secretary/Treasurer: Hurlene Savage
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated' title premium is:
Owner's Policy
Loan Policy
Endorsement
Charges
Total
Of this total amount $ or 15 % (complete one only) will be paid to Fidelity National Title Insurance Company; $ _
or 85% (complete one only) will be retained by Title Insurance Agent; and any remainder of the estimated premium will be
paid to other parties as follows:
Amount Paid to Services
$ or % (complete only one)
$ or % (complete only one)
$ or % (complete only one)
The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the
amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance.
FT (6/2001)
File No. 201 108784
•
Fidelity National Title Insurance Company
PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its
affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Fidelity
National Title Insurance Company
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
• Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
• Non - financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
TEXAS TITLE INSURANCE INFORMATION
Title Insurance insures you against loss resulting from
certain risks to your title.
The Commitment for Title Insurance is the Title
Insurance Company's promise to issue the Title
Insurance Policy. The Commitment is a legal document.
You should review it carefully to completely
understand it before your closing date.
El seguro de titulo le asegura en relacion a
perdidas resultantes de ciertos riesgos que pueden
afectar el titulo de su propiedad.
El Compromiso para Seguro de Titulo es la promesa
de la compania aseguradora de titulos de emitir la
poliza de seguro de titulo. El Compromiso es un
documento legal. Usted debe leerlo cuidadosamente y
entenderlo complemente antes de la fecha para
finalizar su transaccion.
Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or
report of your title. It is a contract to issue you a Policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the
Title Insurance Company (the Company) determines whether the title is insurable. This determination has already
been made. Part of that determination involves the Company's decision to insure the title except for certain risks
that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as
Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The
Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral
interest.
- -- MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be
unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the
Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding
lawns, shrubbery and trees) and permanent buildings may be available for purchase. Neither this Policy, nor the
optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements
being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will
refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with
an attorney. These matters will affect your title and your use of the land.
When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions,
defined below.
- -- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance.
Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you
do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will
be on Schedule B of the Policy.
- -- EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the
Policy but not shown or discussed in the Commitment.
- -- CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your
responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the
Commitment. The Policy Conditions are not the same as the Commitment Conditions.
You can get a copy of the policy form approved by the Texas Department of Insurance by calling Fidelity National
Title Insurance Company at 1- 800 - 654 -7041 or by calling the title insurance agent that issued the Commitment.
The Texas Department of Insurance may revise the policy form from time to time.
You can also get a brochure that explains the Policy from the Texas Department of Insurance by calling 1- 800 -252-
3439.
Form NO 27C13443 (11/2009) Commitment For Title Insurance (7 -7)
•
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
- -- Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this
amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's
Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and
if the Company's other requirements are met, your Policy will insure you against Loss because of discrepancies or
conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may
then decide not to insure against specific boundary or survey problems by making special exceptions in the
Policy.
Whether or not you request amendment of the "area and boundary" exception, you should determine whether you
want to purchase and review a survey if a survey is not being provided to you.
-- -Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception,
the Company or the title insurance agent may inspect the property. The Company may except to and not insure you
against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land.
The Company may charge you for the inspection. If you want to make your own inspection, you must sign a
Waiver of Inspection form and allow the Company to add this exception to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional
premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased
Value Endorsement.
Form No 27C13443 (11/2009) Commitment For Title Insurance (T -7)
•
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's 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 Tess. 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 Tess 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 unde,r 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."
SIGNATURE DATE
Form No 2703443 (11/2009) Commitment For Title Insurance (T -7)
•
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ( "FNF ") respect the privacy and security of your non - public personal information ( "Personal
Information ") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF
follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share
information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number,
asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the
website links you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy,
premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in
such transaction, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these
disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable
•
us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction;
To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or
providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a
governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements;
and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be
determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with
the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process.
Disclosure to Affiliated Contpanies - We are permitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for
marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from
consurner or credit reporting agencies with our affiliates or
others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated
third parties, except as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to
you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom
your Personal information has been disclosed, and request correction or deletion of your Personal Information. However FNFs current policy is to
maintain customers' Personal Information for no less than your state's required record retention_ requirements for the purpose of handling future
coverage claims.
For your protection, all requests made under this section must be in writing and must includeyouur notarized signature to establish your identity.
Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will
post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy
Statement was revised or materially changed.
Form No. 27C13443 (11/2009) Commitment For Title Insurance (T -7)
TAX NOTICE TO BUYER
It is your responsibility under Texas Law to RENDER your
newly - purchased property to the proper taxing authorities.
Therefore, when you receive your recorded Deed from Walker
County Title Company, you should contact the appropriate
taxing entity and render your property immediately.
FOR Walker Co. ty properties
properties i
Contact:
Walker County Appraisal District
P. O. Box 1798
Huntsville, Texas 77342 -1798
Phone: 936 - 295 -0402
Date
FOR San Jacinto oun
Contac
San Jacin
P. O. Bo 70
Coldspr g, as 77331
Phone 936 -653- 450
ounty Appraisal District
Buyer
Date
File No.: 2012121292A
RECEIPT OF COPIES
The undersigned parties acknowledge that they have received copies of all
the documents signed at the closing.
Due to space restrictions and the cost of storage, Walker County Title
Company will not retain copies of all the documents the undersigned is receiving
today. It is the sole responsibility of the undersigned and is not the responsibility
of Walker County Title Company to maintain the records delivered today.
In the event the undersigned needs copies of the documents in the future,
they must be obtained from third parties, such as a lender or other provider
involved in this transaction.
SELLER SELLER
-71
BUYER
BUYER
ATTENTION
LENDERS
Walker County Title Company
does not retain copies of lender documents.
Z
Texas Neighborhood Stabilization Program (NSP)
(Purchase Money)
Promissory Note
( "Note ")
Date: FEBRUARY 28, 2013
Borrower: YESSENIA INTERIANO
Borrower's Mailing Address: 500 2ND STREET
HUNTSVILLE, WALKER County, TX 77320
Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency
of the State of Texas ( "TDHCA ")
Lender's Address (including County): 211 East 11th St., Austin, Travis County, Texas 78701
P.O. Box 13941, Austin, Travis County, Texas 78711 -3941
Place for Payment: TDHCA
Loan Servicing 332 -05
P.O. Box 13245
Austin, Travis County, Texas 78711 -3245
Principal Amount: Sixty -One Thousand Five Hundred Forty -Two And Ninety- Four /100 Dollars ($61,542.94)
Annual Interest Rate: Zero percent (0 %) per annum
Maturity Date: MARCH 01, 2043
Annual Interest Rate on Matured, Unpaid Amounts: Ten percent (10 %) per annum
Terms of Payment (principal and interest): Principal shall be due and payable in monthly installments of One
Hundred Seventy And Ninety- Five /100 Dollars ($170.95) each, payable on the first day of each and every
calendar month, beginning APRIL 01, 2013 and continuing regularly thereafter until MARCH 01, 2043
( "maturity"), on which last mentioned date the entire unpaid balance of principal then owing shall become
immediately due and payable.
Any default under the NSP Purchase Money Deed of Trust securing this Note shall be deemed to be a default under
this Note. If any part of the collateral securing this Note is transferred or conveyed without Lender's prior,
written consent, or if Borrower ceases to occupy the mortgaged property as his or her principal residence,
any unpaid or un- forgiven balance of this Note is immediately due and payable and Lender may invoke any
remedies provided under the NSP Purchase Money Deed of Trust securing this Note. If the collateral is
residential real property containing fewer than five dwelling units or a residential manufactured home
occupied by Borrower, exceptions to this provision are limited to (a) a subordinate lien or encumbrance that
does not transfer rights of occupancy of the property; (b) creation of a purchase money security interest for
household appliances; (c) transfer by devise, descent, or operation of law on the death of a co- owner; (d)
grant of a leasehold interest of three years or less without an option to purchase; (e) transfer to a spouse or
children of owner or between co- owners; (1) transfer to a relative of owner or on owner's death; and (g)
transfer to an inter vivos trust in which owner is and remains a beneficiary and occupant of the property.
Upon the sale of the mortgaged property, any unpaid balance of the Note shall be due and payable in full from the
available Net Proceeds from the sale of the mortgaged property pursuant to 24 CFR §92.254. Net Proceeds of a sale
are the sales price of Property minus the closing costs, any superior lien loan repayment and any other necessary
TDHCANSPNOTEPMF Page 1 of 4
transaction costs. If the Net Proceeds are insufficient to repay the outstanding balance of the Note in full and
Borrower's investment (which includes any portion of initial down payment paid by Borrower combined with the
value of any capital improvements made with Borrower's funds), the Borrower's investment is paid in full first from
the available proceeds from the re -sale and the Note is repaid to the extent that proceeds are available, but only in
the event the mortgaged property was sold for an amount not less than the current appraised value as then appraised
by the appropriate governmental authority without the consent of Lender. If there are no Net Proceeds and the
mortgage property was sold for an amount not less than the current appraised value as then appraised by the
governmental authority, repayment of the Note is not required.
Security for Payment: This Note is secured by a vendor's lien retained in a deed by CITY OF HUNTSVILLE, to
Borrower, dated of even date herewith and additionally secured by a NSP Purchase Money Deed of Trust of even
date herewith from Maker to Timothy K. Irvine, Trustee, which covers the following described property to -wit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES., which has a street address of 500 2ND STREET, HUNTSVILLE, TX 77320
Borrower promises to pay to the order of Lender the Principal Amount plus interest, if applicable. This Note is
payable at the Place for Payment and according to the Terms of Payment. All unpaid amounts are due by the
Maturity Date. After Maturity Date, Borrower promises to pay any unpaid principal balance plus interest at the
Annual Interest Rate on Matured, Unpaid Amounts, if applicable.
If any payment required under this Note is not paid within 15 days after it becomes due and payable, then Borrower
shall pay to Lender, subject to the provisions of this Note limiting the amount of interest, the payment of a late
charge (the "Late Charge ") to compensate Lender for the loss of use of funds and for the administrative expenses
and costs of handling such delinquent payment equal to a one -time charge of five percent (5 %) of the amount of
such payment that was not timely paid or Seven Dollars and Fifty Cents ( "$7.50 "), whichever is greater (but such
Late Charge together with all interest payable hereon shall not exceed the maximum lawful rate under Applicable
Law). Lender is not obligated to accept any past due payment that is not accompanied by a Late Charge, but may
accept such payment without waiving its rights to collect the Late Charge. In no event shall a Late Charge be
payable by reason of the acceleration of the indebtedness evidence by this Note; therefore, a Late Charge would
only be due and payable with respect to payments under this Note which became delinquent prior to the acceleration
of the indebtedness evidenced hereby.
In the event of default in the payment of any part of the Principal Amount or interest on this Note and Borrower's
failure to cure the default within thirty (30) days after Lender's delivery of written notice of default to Borrower, or
in the event of default in the performance of any agreement contained in the Loan Agreement or any document
securing the payment of this Note or otherwise executed in connection herewith, and Borrower's failure to cure the
default within thirty (30) days after Lender's delivery of written notice of the default to Borrower, then the holder of
this Note shall have the unconditional right, without demand, notice, or other action, to declare the unpaid and
un- forgiven principal balance of this Note at once due and payable and to foreclose each lien and security interest
securing the payment of this Note, if applicable, either under any power of sale contained in any documents creating
such lien or security interest or by court proceedings, as the holder may elect. Notice shall be deemed to have been
delivered upon actual receipt or upon deposit, if deposited in an official depository of the United States Postal
Service, properly addressed to the party entitled to the notice, marked certified mail, return receipt requested, and
containing sufficient postage. For the purpose of notice, Borrower's address is 500 2ND STREET,
HUNTSVILLE, WALKER County, TX 77320. Borrower shall have the right to change its address and specify
any other address within the United States of America by at least ten (10) days' written notice to Lender.
If this Note is placed in the hands of an attorney for collection or is collected by legal proceedings of any kind,
Borrower agrees to pay all costs of collection, including reasonable attorneys' fee and costs.
All agreements and transactions between Borrower and Lender, whether now existing or hereafter arising, whether
contained herein or in any other instrument, and whether written or oral, are hereby expressly limited so that in no
contingency or event whatsoever, whether by reason of acceleration of the Maturity Date hereof, prepayment,
demand for payment or otherwise, shall the amount contracted for, charged or received by Lender from Borrower
for the use, forbearance, or detention of the Principal Amount indebtedness or interest hereof, which remains unpaid
TDHCANSPNOTEPMF Page 2 of 4
from time to time, exceed the maximum amount permissible under Applicable Law, it particularly being the
intention of the parties hereto to conform strictly to the law of the State of Texas and of the United States of
America, whichever is applicable. Any interest payable hereunder or under any other instrument relating to the loan
evidenced hereby that is in excess of the legal maximum under Applicable Law, shall, in the event of acceleration of
Maturity Date, prepayment, demand for payment or otherwise, be automatically, as of the date of such acceleration,
prepayment, demand or otherwise, applied to a reduction of the Principal Amount indebtedness hereof and not to the
payment of interest, or if such excessive interest exceeds the unpaid balance of such Principal Amount, such excess
shall be refunded to Borrower. To the extent permitted by Applicable Law, determination of the legal maximum
amount of interest shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during
the period of the full stated term of the loan, all interest at any time contracted for, charged or received from
Borrower in connection with the loan, so that the actual rate of interest on account of such indebtedness is uniform
throughout the term thereof.
Borrower shall pay a charge of $25.00 for any check returned for any reason.
Except as provided in this Note, Borrower and each endorser and guarantor of this Note jointly and severally waive
grace, presentment for payment, notice of renewals and extensions, notice of nonpayment, notice of protest, notice
of and demand for payment of installments or other amounts coming due under this Note that are not paid when due,
notice of intent or election to accelerate Maturity Date or the actual acceleration of Maturity Date of the
indebtedness evidenced by this Note, and diligence in the collection of this Note, in filing suit on this Note and in
seizing or foreclosing on any collateral securing this Note, if applicable, or and agree to one or more extensions of
Maturity Date and partial payments before or after Maturity Date without prejudice to rights of the holder of this
Note.
All obligations of this Note are the joint and several obligations of each signer. This Note shall be governed by and
construed in accordance with the laws of the State of Texas and the United States of America from time to time in
effect. The term "Applicable Law" as used herein means (1) the law pertaining to maximum rates of interest that is
now in effect and (2) any law that comes into effect at any time in the future allowing a higher maximum interest
rate than the law now in effect.
When the context requires, singular nouns and pronouns include the plural.
TDHCANSPNOTEPMF Page 3 of 4
THIS WRITTEN AGREEMENT AND THE OTHER WRITTEN AGREEMENTS, INCLUDING THE
COLLATERAL AGREEMENTS, SIGNED CONTEMPORANEOUSLY WITH THE SIGNING HEREOF
REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN
THE PARTIES.
BORROWER:
(Seal)
' : SE'' L `Nr ERIANO - Borrower
TDHCANSPNOTEPMF Page 4 of 4
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
Please give this letter to borrower at closing.
FEBRUARY 28, 2013
YESSENIA INTERIANO
500 2ND STREET
HUNTSVILLE, TX 77320
Re: Loan Number 77099991266B
Dear YESSENIA INTERIANO:
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 APRIL 01, 2013. Please use the temporary coupon attached
below when mailing your first payment.
Your loan may include an escrow account, which is used to pay your taxes and insurance. Annually, we will
analyze the escrow account, and your payment may be adjusted accordingly. If, for example, your property taxes
increase, your payment may also increase.
At the end of each year, the Department will send you an annual statement for your records. This information
will also be transmitted to the Internal Revenue Service for income tax purposes.
If you have any questions or concerns regarding your mortgage loan, please don't hesitate to contact us at the
number listed below. We look forward to servicing your mortgage loan.
Texas Department of Housing and Community Affairs
If by mail: P.O. Box 13941, Austin, Texas 78711 -3941
If by overnight delivery service: 221 E. 11th Street, Austin, Texas 78701
Toll Free: 800.298.4013
FAX Number: 512.472.7500
CUT HERE FOR FIRST PAYMENT COUPON
Mail to:
Texas Department of Housing and Community Affairs
P.O. Box 13245 -C3
Austin, Texas 7871 1 -3245
Loan Number: 77099991266B
Payment Due Date: APRIL 01, 2013
Borrower Name: YESSENIA INTERIANO
Mortgage Loan Payment: Principal & Interest: $170.95
Escrow: $236.47
Total Payment: $407.42
TDHCANSPPAYLTR Page 1 of 1
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: 77099991266B
BORROWER NAME: YESSENIA INTERIANO
PROPERTY ADDRESS: 500 2ND STREET, HUNTSVILLE, TX 77320
MAILING ADDRESS: SO kvi ft-
HOME PHONE:
WORK PHONE:
CELL PHONE:
NEAREST RELATIVE
(not living with you)
CONTACT NAME AND
PHONE NUMBER:
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TDHCANSPINITIALLNCONTACTINFO Page 1 of 1
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 500 2ND STREET, HUNTSVILLE WALKER
County, TX 77320 dated FEBRUARY 28, 2013. The Borrower(s) hereby certifies and acknowledges that the
above reference property will be their primary residence and will be occupied within 30 days of closing the
mortgage loan.
- Borrower - Borrower
- Borrower - Borrower
- Borrower
- Borrower
THE STATE OF TEX
COUNTY OF G(.1)= _��jj��� ) __
efore me, this i
(SEAL)
THE STATE OF
COUNTY OF
Before me, this
ACKNOWLEDGEMENT
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ent _ was signed and acknowled
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TEXAS
, 20 by
Not PublicE.tate of Texas ,)
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[Typed / Printed Name]
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My Commission Expires:
instrument was signed and acknowledged on
(SEAL)
TDHCANSPOCCUPAN Page 1 of 1
, 20 by
Notary Public, State of Texas
My Commission Expires:
[Typed / Printed Name]
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COMPANY
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W.£ aTSVILLaa, "'ERAS 77340
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Texas Neighborhood Stabilization Program (NSP)
Purchase Money Deed of Trust
( "Deed of Trust ")
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
Date: FEBRUARY 28, 2013
Grantor: YESSENIA INTERIANO, A SINGLE PERSON
Grantor's Mailing Address: 500 2ND STREET, HUNTSVILLE, TX 77320
Trustee: Timothy K. Irvine of Travis County, Texas
Trustee's Mailing Address: P.O. Box 13491
Austin, Travis County, Texas 78711
Beneficiary TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official
agency of the State of Texas.
Beneficiary's Mailing Address: 211 East 11th Street
Austin, Travis County, Texas 78701
NSP Purchase Money Promissory Note (Note):
Date: Of even date herewith.
Original principal amount: Sixty -One Thousand Five Hundred Forty -Two And Ninety- Four /100 Dollars
($61,542.94)
Maker: YESSENIA INTERIANO
Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official
agency of the State of Texas
Maturity date: MARCH 01, 2043
Terms of Payment: As provided therein
Property: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES.
Prior Liens: N/A
TDHCANSPDOTPMF Page 1 of 9
Other Exceptions to Conveyance and Warranty:
1. Visible and apparent easements on or across property which may not appear of record.
2. All coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together
with all rights, privileges, and immunities relating thereto.
3. Restrictions, covenants, easements and outstanding mineral reservations, rights to royalties, if any shown of
record in the hereinabove mentioned county and state, all to all zoning laws, regulations and ordinances of
municipal and /or other governmental authorities, if any.
4. Ownership of all oil, gas and other minerals; and rights of all parties claiming by, through or under said
mineral owner(s).
For value received and to secure payment of Note, Grantor conveys the Property to Trustee in trust. Grantor
warrants and agrees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty.
On payment of Note and all other amounts secured by this Deed of Trust, this Deed of Trust will have no further
effect, and Beneficiary will release it at Grantor's expense.
A. Grantor's Obligations
Grantor agrees to:
1. keep the Property in good repair and condition;
2. pay all taxes and assessments on the Property before delinquency;
3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the
lien's priority as it is established in this Deed of Trust;
4. maintain, in a form acceptable to Beneficiary, an insurance policy that:
a. covers all improvements for their full insurable value as determined when the policy is issued and
renewed, unless Beneficiary approves a smaller amount in writing;
b. provides fire and extended coverage, including windstorm coverage;
c. protects Beneficiary with a standard mortgage clause;
d. provides flood insurance at any time the Property is in a flood hazard area; and
e. contains such other coverage as Beneficiary may reasonably require.
5. deliver the insurance policy to Beneficiary within ten days of the date of this Deed of Trust and deliver
renewals to Beneficiary at least fifteen days before expiration;
6. obey all laws, ordinances, and restrictive covenants applicable to the Property;
7. keep any buildings occupied as required by the insurance policy; and
8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all prior lien notes and abide by or
cause to be abided by all prior lien instruments.
B. Beneficiary's Rights
1. Beneficiary may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of
Trustee.
TDHCANSPDOTPMF Page 2 of 9
2. If the proceeds of Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all the
rights and liens of the holders of any debt so paid.
3. Beneficiary may apply any proceeds received under the insurance policy either to reduce Note or to repair
or replace damaged or destroyed improvements covered by the policy. If the Property is Grantor's primary
residence and Beneficiary reasonably determines that repairs to the improvements are economically
feasible, Beneficiary will make the insurance proceeds available to Grantor for repairs.
4. Notwithstanding note terms to the contrary, and unless applicable law prohibits, all payments received by
Beneficiary from Grantor under Note or this Deed of Trust may, at Beneficiary's discretion, be applied first
to amounts payable under this Deed of Trust and then to amounts due and payable to Beneficiary under
Note, to be applied to late charges, principal, or interest in the order Beneficiary in its discretion
determines.
5. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be
reimbursed by Grantor on demand for any amounts so paid, including attorney's fees, plus interest on those
amounts from the dates of payment at the rate stated in Note for matured, unpaid amounts. The amount to
be reimbursed will be secured by this Deed of Trust.
6. If there is a default on Note or if Grantor fails to perform any of Grantor's obligations and the default
continues after any required notice of the default and the time allowed to cure, Beneficiary may:
a. declare the unpaid principal balance and earned interest on Note immediately due;
b. direct Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent will cause notice
of the foreclosure sale to be given as provided by the Texas Property Code as then in effect; and
c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited
on Note.
7. Beneficiary may remedy any default without waiving it and may waive any default without waiving any
prior or subsequent default.
C. Trustee's Duties
If directed by Beneficiary to foreclose this lien, Trustee will:
1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as
then in effect;
2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash with a general warranty
binding Grantor, subject to the Prior Lien and to the Other Exceptions to Conveyance and Warranty and
without representation or warranty, express or implied, by Trustee;
3. from the proceeds of the sale, pay, in this order:
a. expenses of foreclosure, including a reasonable commission to Trustee;
b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid;
c. any amounts required by law to be paid before payment to Grantor; and
d. to Grantor, any balance; and
TDHCANSPDOTPMF Page 3 of 9
4. be indemnified by Beneficiary against all costs, expenses, and liabilities incurred by Trustee for acting in
the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other
costs, including attorney's fees, incurred by Trustee in defense of any action or proceeding taken against
Trustee in that capacity.
D. General Provisions
1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to
the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject
to an action for forcible detainer.
2. Recitals in any trustee's deed conveying the Property will be presumed to be true.
3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not
constitute an election of remedies.
4. This lien will remain superior to liens later created even if the time of payment of all or part of Note is
extended or part of the Property is released.
5. Application of Payments. If any portion of Note cannot be lawfully secured by this Deed of Trust,
payments will be applied first to discharge that portion. Unless applicable law provides otherwise,
payments will be applied next, to principal due; third, to interest due; fourth, to amounts payable for taxes
and insurance escrow under this part D, paragraph 27 and last, to any late charges due under the Note.
6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be
exercised by successors in interest of all parties.
7. Hazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the
improvements now existing or hereafter erected on the Property insured against loss by fire, hazards
included within the term "extended coverage" and any other hazards, including floods or flooding, for
which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain
coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect
Beneficiary's rights in the Property in accordance with paragraph 9.
Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal
shall not extend or postpone the due date of the monthly payments referred to in Note. If under part B,
"Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's
right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition
shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust immediately prior to the
acquisition.
8. Usury; Interest. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount
of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any
interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been
paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt
or, if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions
in this and all other instruments concerning the debt.
9. Protection of Beneficiary's Rights in the Property. If Grantor fails to perform the covenants and
agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect
Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to
enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the
value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying
any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying
TDHCANSPDOTPMF Page 4 of 9
reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take
action under this paragraph 9, Beneficiary does not have to do so.
Any amounts disbursed by Beneficiary under this paragraph 9 shall become additional debt of Grantor
secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, these
amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with
interest, upon notice from Beneficiary to Grantor requesting payment.
10. Mortgage Insurance. If Beneficiary required mortgage insurance as a condition of making the loan
secured by this Security Instrument, Grantor shall pay the premiums required to maintain the mortgage
insurance in effect. If, for any reason, the mortgage insurance coverage required by Beneficiary lapses or
ceases to be in effect, Grantor shall pay the premiums required to obtain coverage substantially equivalent
to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Grantor of
the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Beneficiary.
If substantially equivalent mortgage insurance is not available, Grantor shall pay to Beneficiary each month
a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Grantor when the
insurance coverage lapsed or ceased to be in effect. Beneficiary will accept, use and retain these payments
as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the
option of Beneficiary, if mortgage insurance coverage (in the amount and for the period that Beneficiary
requires) provided by an insurer approved by Beneficiary again becomes available and is obtained.
Grantor shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss
reserve, until the requirement for mortgage insurance ends in accordance with any written agreement
between Grantor and Beneficiary or applicable law.
11. Inspection. Beneficiary or its agent may make reasonable entries upon and inspections of the Property.
Beneficiary shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for
the inspection.
12. Condemnation. Grantor assigns to Beneficiary all amounts payable to or received by Grantor from
condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages
caused by public works or construction on or near the Property. After deducting any expenses incurred,
including attorney's fees and court and other costs, Beneficiary will either release any remaining amounts
to Grantor or apply such amounts to reduce Note. Beneficiary will not be liable for failure to collect or to
exercise diligence in collecting any such amounts. Grantor will immediately give Beneficiary notice of any
actual or threatened proceedings for condemnation of all or part of the Property.
13. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any part of
the Property have been advanced by Beneficiary at Grantor's request and upon Grantor's representation that
such amounts are due and are secured by valid liens against the Property. Beneficiary shall be subrogated
to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any
outstanding liens and debts, regardless of whether said liens or debts are acquired by Beneficiary by
assignment or are released by the holder thereof upon payment.
14. Purchase Money; Vendor's Lien. Grantor represents that this Deed of Trust and Note are given for the
following purposes:
The funds advanced to Maker under Note are used to pay all or part of the purchase price of the
Property. Note is also primarily secured by a vendor's lien retained in the deed of even date with this Deed
of Trust executed by CITY OF HUNTSVILLE conveying the Property to Maker, which vendor's lien has
been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien. The
vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the
vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative.
Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose
under both.
TDHCANSPDOTPMF Page 5 of 9
15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR
CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES
WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN
BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE
AND DEMAND FULL PAYMENT OF THE BALANCE OF ALL PRINCIPAL AND INTEREST
REMAINING DUE THEREON. If the Property is residential, real property containing fewer than five
(5) dwelling units or a manufactured home occupied by Grantor, exceptions to this provision are limited to:
(a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b)
creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or
operation of law on the death of a co- Grantor; (d) grant of a leasehold interest of three years or less without
an option to purchase; (3) transfer to a spouse or children of Grantor or between co- Grantors; (f) transfer to
a relative of Grantor on Grantor's death; and (g) transfer to an inter vivos trust in which Grantor is and
remains a beneficiary and occupant of the Property. The restriction on the transfer of Property will
automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure,
or if the mortgage is assigned to the Secretary of the U. S. Department of Housing and Urban Development
in accordance with 24 C.F.R. §203.41.
16. Loan Not a Home Equity Loan. The Loan evidenced by Note is not an extension of credit as defined by
Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as
Maker's residence, then Maker agrees that Maker will receive no cash from the Loan evidenced by Note
and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete
construction, or renew and extend a prior lien against the Property, will be used to reduce the balance
evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's
option. Maker agrees to execute any documentation necessary to comply with this Section.
17. Occupancy, Preservation, Maintenance and Protection of the Property.
GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR
BELOW FIFTY PERCENT (50 %) OF AREA MEDIAN INCOME, AND WILL CONTINUE TO
USE THE PROPERTY AS THEIR PRINCIPAL RESIDENCE. IF GRANTOR CEASES TO
OCCUPY THE PROPERTY AS THEIR PRINCIPAL RESIDENCE, THE BENEFICIARY MAY
AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL
PAYMENT OF THE UNPAID AND /OR UNFORGIVEN BALANCE OF ALL PRINCIPAL AND
INTEREST, IF ANY, REMAINING DUE THEREON. HOWEVER, THIS ELECTION SHALL
NOT BE EXERCISED BY BENEFICIARY IF PROHIBITED BY FEDERAL LAW. Grantor shall
not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Grantor shall be in default if any forfeiture action or proceeding, whether civil or criminal, is
begun that in Beneficiary's good faith judgment could result in forfeiture of the Property or otherwise
materially impair the lien created by this Deed of Trust or Beneficiary's security interest. Grantor may
cure such a default and reinstate, as provided under part B, "Beneficiary's Rights" and part C, "Trustee's
Rights ", by causing the action or proceeding to be dismissed with a ruling that, in Beneficiary's good faith
determination, precludes forfeiture of the Grantor's interest in the Property or other material impairment of
the lien created by this Deed of Trust or Beneficiary's security interest. Grantor shall also be in default if
Grantor, during the loan application process, gave materially false or inaccurate information or statements
to Beneficiary (or failed to provide Beneficiary with any material information) in connection with the loan
evidenced by the Note, including, but not limited to, representations concerning Grantor's occupancy of the
Property as a principal residence
18. Hazardous Substances. Grantor shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Grantor shall not do, nor allow anyone else to do,
anything affecting the Property that is in violation of any Environmental Law. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property.
TDHCANSPDOTPMF Page 6 of 9
Grantor shall promptly give Beneficiary written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Grantor has actual knowledge. If Grantor learns, or
is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Grantor shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and
laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection.
19. Waiver of Notice of Intention to Accelerate. Grantor waives the right to notice of intention to require
immediate payment in full of all sums secured by this Deed of Trust and the right to notice of acceleration,
except in either case as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights."
20. Substitute Trustee. Beneficiary, at its option and with or without cause, may from time to time remove
Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed
hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power
and duties conferred upon Trustee herein and by applicable law.
21. Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall have the right to have
enforcement of this Deed of Trust discontinued at any time prior to the earlier of: (a) 5 days (or such other
period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power
of sale contained in this Deed of Trust; or (b) entry of a judgment enforcing this Deed of Trust. Those
conditions are that Grantor: (a) pays Beneficiary all sums which then would be due under this Deed of
Trust and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to,
reasonable attorneys' fees; and (d) takes such action as Beneficiary may reasonably require to assure that
the lien of this Deed of Trust, Beneficiary's rights in the Property and Grantor's obligation to pay the sums
secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of
Trust and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under part B, "Beneficiary's
Rights" and part C, "Trustee's Rights."
22. Release. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall release this Deed of
Trust without charge to Grantor. Grantor shall pay any recordation costs.
23. Severability. If any provision of this Deed of Trust is determined to be invalid or unenforceable, the
validity or enforceability of any other provision will not be affected.
24. Partial Invalidity. In the event any portion of the sums intended to be secured by this Deed of Trust
cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those
portions not secured hereby.
25. The term Note includes all extensions and renewals of Note and all sums secured by this Deed of Trust.
25. When the context requires, singular nouns and pronouns include the plural.
26. If Grantor and Maker are not the same person, the term Grantor shall include Maker.
27. Reserve for Taxes and Insurance. Grantor agrees to make an initial deposit in a reasonable amount to be
determined by Beneficiary and then make monthly payments to a fund for taxes, insurance premiums, and
assessments against or affecting the Property at the request of Beneficiary. Monthly payments will be
made on the payment dates specified in Note, and each payment will be one - twelfth of the amount that
TDHCANSPDOTPMF Page 7 of 9
Beneficiary estimates will be required annually for payment of taxes and insurance premiums. The fund
will accrue no interest, and beneficiary will hold it without bond in escrow and use it to pay the taxes and
insurance premiums. If Grantor has complied with the requirements of this paragraph, beneficiary must
pay taxes before delinquency. Grantor agrees to make additional deposits on demand if the fund is ever
insufficient for its purpose. If an excess accumulates in the funds, Beneficiary may either credit it to future
monthly deposits until the excess is exhausted or refund it to Grantor. When Grantor makes the final
payment on Note, Beneficiary will credit to that payment the whole amount then in the fund or, at
Beneficiary's option, refund it after Note is paid. If this Deed of Trust is foreclosed, any balance in the
fund over that needed to pay taxes, including taxes accruing but not yet payable, and to pay insurance
premiums will be paid under part C, "Trustee's Rights." Deposits to the fund described in this paragraph
are in addition to the monthly payments provided for in the Note.
28. "Riders" means all Riders
Riders are to be executed by
r. Adjustable Rate Rider
ri Balloon Rider
i'.rl 1 -4 Family Rider
GRANTOR:
to this Security Instrument that are executed by Borrower. The following
Borrower [check box as applicable]:
Condominium Rider
r Planned Unit Development Rider
I'rr Biweekly Payment Rider
J . Second Home Rider
%rrl Renewal & Extension Addendum
fi Other(s) [specify]
(Seal)
- Borrower
TDHCANSPDOTPMF Page 8 of 9
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
State of TEXAS
County of WALKER
[Space Below This Line For Acknowledgment]
Before me, a Notary Public, on this day personally appeared YESSENIA INTERIANO known to me (or
proved to me on the oath f, or through [description of identity card or other
document] G �tiL - to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the sane for ' _ .0 .o -s and consideration therein expressed.
Given under my hand and seal of office this • •y of r it katt -- - - , A.D. (
(Seal)
My Commission Expires:
i-01-20/V
t�y�
Pl/S"`k
/ FYI
PREPARED BY:
BLACK, MANN & G1 AHVi L. `
2905 CORPORATE CfkLi!VAFRit..,0 °°
FLOWER MOUND, TX �$'�t �ipi.i:
(972)- 353 -4174 0'�\e+ °°
s'et - �e� Q Eric K'.
Title of Officer
x447
AFTER RECORDING RETURN TO:
Texas Department of Housing and Community Affairs
NSP Program Division
P.O. Box 13941
Austin, Texas 7871 1 -3941
ATTN: SHIRLEY SMITHAM
TDHCANSPDOTPMF Page 9 of 9
METES AND BOUNDS DESCRIPTION of
Lot 1 of Vann - Johnson Subdivision, Huntsville, Texas
Being a 0.185 of an acre (8,080 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of Lot 1 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 the Official Public Records of Walker County,
Texas (O.P.R.W.C.T.); said 0.185 of an acre of land being more particularly described by metes
and bounds as follows:
BEGINNING at a found 5/8 -inch iron rod with cap at the southwesterly corner 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 in the northerly line of that certain called 9.04 acne tract of land conveyed to
the City of Huntsville by deed and recorded under Volume 180, Page 99 of said Deed Records,
saute being the northerly line of Second Street (50' Road Easement) of record under Volume 70,
Page 393 of said Deed Records, and being the southeasterly corner of said Lot 1 and said 1.17
acre tract;
THENCE, South 88 °31'13" West, a distance of 80.19 feet, along the southerly line of said Lot
1 and said 1.17 acre tract, being the northerly line of said 9.04 acre tract and said Second Street to
a found 5/8 -inch iron rod with cap at the southeasterly corner of that certain tract of land
conveyed to Florine Randle by deed and recorded in Volume 179, Page 541 of said Deed
Records, being.the southwesterly corner of said Lot 1 and said 1.17 acre tract;
THENCE, North 02 °35'47" West, a distance of 100.00 feet, along the common line of said
Florine Randle tract and said Lot 1 and 1.17 acre tract to a found 5/8 -inch iron rod with cap in the
southerly line of Lot 2 of said Vann - Johnson Subdivision, being the northeasterly corner of said
Florine Randle tract, same being the northwesterly corner of said Lot 1, and being an el corner in
the westerly line of said 1.17 acre tract;
THENCE, North 87 °24'13" East, a distance of 80.17 feet, along the southerly line of said Lot
2, being the northerly line of said Lot 1 to a found 5/8 -inch iron rod with cap in the westerly line
of said 50' Road, being the southeasterly corner of said Lot 2, saute being the northeasterly corner
of said Lot 1 and being in the easterly line of said 1.17 acre tract;
THENCE, South 02 °35'47" East, a distance of 101.56 feet, along the westerly line of said 50'
Road, being the easterly line of said Lot 1 and said 1.17 acre tract to the Point of Beginning and
containing 0,185 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:
GeoSolutious, LLC
25814 Budde Road
Spring, Texas
Tel. 281 - 681 -9766
EXHIBIT :.r
PAGE _ OF -2--
LEGEND
-4 GUY WIRE
1e-' POWER POLE
SIGN
® WATER WELL
• FOUND MONUMENTTION
(TYPE NOTED)
—P— POWER LINES
— //— FENCE
77T' EDGE OF ASPHALT
D.R.W.C.T.
0.P.R.W.C.T.
P.R.W.C.T.
DEED RECORDS WALKER
COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
WALKER COUNTY, TEXAS
PLAT RECORDS WALKER
COUNTY. TEXAS
LOT 2
CALLED 1.17 ACRES
C /TY OF HUNTSV/LLE
VOL 955, PACE 7E0
SUBOIe510N LINE
10 B.1. —pals PUT
Or„� (' CNAWUNR
40 0
FLOR /NE RANDLE a W
p Z I VOL 179, fa.. 547 £�
D.R.R:CT. 8
rr FC�CE
0 15 30
SCALE: 1' :_ 30'
lit
111,
I'
IA
I�
J
N87'24'13"E
80.17'
7N0.5/81.8. L07 LINE
W /CAP 10' B.L. PER PLAT
0.185 A CRESS
BARB WIFE (8,080 SQ.FT.)
FENCE
25' BL PER PLAT
61.u".p :t
� M o
��� O fN0.5/87.R.
W /CAP
LOT 1
VANN-
JOHNSON
SUBDIVISION
VOL 5, PG. 81
P.R.W.C.T.
L - - - -J
25' BL PER PLAT
to'-u.1707 It PLAT
S883 1'13 "W
F96.5/81.R.
W /CAP
60
CONC.
CAL.LED 50; ROAD
RE OUE
C188• 8ROS. & C4
(A015055 TRACT No 9)
VOL 85 PAGE 181
O.R.W.C.T.
P. 0.B.
FN0,5/81.0
W /CAP
—. __P —. —P ._. ® 80,19 "WW_P --1-i ,
SECOND STREET EOCE .01
CALLED 9 00 ACRES
VIOL A pC, g3 C /TY OF HUNTSV /LLE'
SURVEYOR'S CERTIFICATE O.R. w. c r, VOL fso, fG 9s
I hereby certify to The City of Huntsville that This survey ems D. R. N: C. T.
made on the ground and completed on August 15, 2011
that this drawing correctly represents the facie round at the
Ibno of survey and that this professional
substantially conforms to the current Texas Society sw of
Prolessionol Surveyors Slondords and Specilicollons for o
Colegory 18. Condition 0 Survey.
L "L
St1phopp%M Chru e
R.P.L. No. 5937'
NOTES
1. this survey was performed without the 6.00111 of o Tllie
Commitment.
2. Harizonlol Control is boxed on holding Ctly of Huntavile Monument,
No. 7574 (grid coordinote of North - 10.262,485.31 & East.
3,802.009.473) and 7575 (grid coordinate of North w 10.262.526.24
& East- 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 loctor of 0.99988.
3. Square footage idols shown hereon ore based on molhemolicol
dos and do not maenad). maenad). represent the posiliond oacura0y of
the boundory monumentalion,
4. A description of even dale accompanies this plot.
LOT 1 OF VANN- JOHNSON
SUBDIVISION OF THE PLEASANT
GRAY LEAGUE, A -24
IN WALKER COUNTY, TEXAS
2 814 Budde Rood
Sp ing, Tex °, 77380
Phone:281- 681 -9786 Fax: 281-1381-9779
low*, lie KC
dew.. se SC
11 -249 -027
0.o. 09/16/11
y N/A
.H Mum
Scot
LOTI.DWG
•10.1000.
N/A
EXHIBIT
PAGE OFD
ft
SURVEY AND TITLE LETTER
I /We the undersigned Borrower(s) hereby certify that I /we have received, reviewed, and approved a copy of the
attached survey which is incorporated hereto by reference and have signed or initialed and dated same for
identification purposes. I /We am /are aware of the indicated encroachments, protrusions, easements, limitations,
access, dimensions, and/or other conditions shown on the survey.
I /We further certify that the Settlement Agent has provided me /us with a copy of the Commitment for Title
Insurance and that I /we have reviewed and consent to all of the exceptions to title which would appear in an
Owner's Title Policy for the Property.
IN CONSIDERATION OF THE LENDER MAKING A LOAN TO BORROWER(S), I /WE HEREBY
HOLD LENDER HARMLESS FROM ANY COMPLAINT ARISING AS A RESULT OF ANY MATTERS
INDICATED IN THE SURVEY, THE EXCEPTIONS STATED IN THE COMMITMENT FOR TITLE
INSURANCE, AND THE OWNER'S AND MORTGAGEE TITLE INSURANCE POLICIES.
IN ADDITION TO BUT NOT IN LIEU OF THE ABOVE AND FOR THE CONSIDERATION
RECITED ABOVE, I /WE HAVE BEEN MADE AWARE OF THE FOLLOWING SPECIFIC
CONDITIONS AFFECTING THE ABOVE - DESCRIBED PROPERTY AND I/WE DO HEREBY AGREE,
INDEMNIFY AND HOLD HARMLESS LENDER, ITS SUCCESSORS AND ASSIGN FROM ANY
CLAIMS, COSTS, DAMAGES, CAUSES OF ACTION AND EXPENSES IN ANY WAY ARISING FROM
THE FOLLOWING CONDITIONS:
CONCRETE DRIVEWAY ENCROACHES EASEMENT
POWER LINE CROSSES SAID PROPERTY
EXECUTED this, day of
BORROWER:
C ,
44 .
•..17CAIILIrt ERIANO
TDHCANSPSURVEY Page 1 of 1
Applicants /Borrowers: YESSENIA INTERIANO
Property Address: 500 2ND STREET, HUNTSVILLE, TX 77320
Loan No: 77099991266B
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.
EN NTERIANO
STATE OF ( TEXAS )
COUNTY OF ( WALKER )
This instrument was acknowledged be
(Seal)
������qY ANN T i
\� >`� �•�j.iq 'yp Dma lotary 1ic, Sta of TEXAS(,
My com fission ex free ; ' V. tarytyped or lilted name: ,,J d rk/
9
Si ? /RES . \\eee
�� tltl i�8b0l9?����e\,
TXPENALTYB1 Page 1 of 1
by YESSENIA INTERIANO .
Applicants /Borrowers: YESSENIA INTERIANO
Property Address: 500 2ND STREET, HUNTSVILLE, TX 77320
Loan No: 77099991266B
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.
IN ERIANO
STATE OF ( TEXAS )
COUNTY OF ( WALKER) �% P� 2 L3
This instrument was acknowledged before m- on �j` D� by YESSENIA INTERIANO .
(Seal)
My commission expires.
Zpp,
Al
��tttttstsai�ei� /,
7177.0? '•f r of TEXAS
:No ty ii_ar .rinted name:,
'> '•.1OF TEXPS
*6,041201.4 me
TXPENALTYBI Page 1 of 1
Form W -9
Department of
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give form to the
requestor. IRS.
send to the IRS.
Print or Type
See Specific Instructions on
page 2
Name (as shown on your income tax return)
YESSENIA INTERIANO
Business name /disregarded entity name, if different from above
Check appropriate box
Classification (required): t Individual /Sole proprietor r C Corporation ri S Corporation r. Partnership
r Limited liability company. Enter the tax classification (C =C corporation, S =S Corporation, P= partnership)
r Other (see Instructions) •
r Trust/estate
•
r Exempt payee
Address (number, street, and apt, or suite no.)
500 2ND STREET
Requestor's name and address (optional)
City, state, and ZIP code
HUNTSVILLE, TX 77320
List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number
to enter.
Social Security number
Part II
Certification
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. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest
paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally,
payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on
page 4.
Sign
Here
Signature of
U.S. Person ■
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation of
debt, or contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business is
not subject to the withholding tax on foreign partners' share of effectively
connected income.
Note. If a requester gives you a form other than Form W -9 to request your
TIN, you must use the requester's form if it is substantially similar to this
Form W -9.
Date ► c J71
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a
withholding tax on any foreign partners' share of income from such
business. Further, in certain cases where a Form W -9 has not been
received, a partnership is required to presume that a partner is a foreign
person, and pay the withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W -9 to the partnership to establish your
U.S. status and avoid withholding on your share of partnership income.
The person who gives Form W -9 to the partnership for purposes of
establishing its U.S. status and avoiding withholding on its allocable
share of net income from the partnership conducting a trade or
business in the United States is in the following cases:
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Fomi W- 9(Rev. 1 -2011)
Texas Neighborhood Stabilization Program (NSP)
Homebuyer Assistance
Deferred Forgivable Subordinate Lien Note
( "Note ")
Date: FEBRUARY 28, 2013
Borrower: YESSENIA INTERIANO
Borrower's Mailing Address: 500 2ND STREET
HUNTSVILLE, WALKER County, TX 77320
Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency
of the State of Texas ( "TDHCA ")
Lender's Mailing Address: 211 East 11th St., Austin, Texas 78701
P.O. Box 13941, Austin, Texas 78711 -3941
PROPERTY (which includes the real property and improvements thereon):
500 2ND STREET
[Property Address]
HUNTSVILLE WALKER TX 77320
[City] [County] [State] [Zip]
more specifically described as,
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES.
[Legal Description]
hereinafter referred to as "Property."
1. BORROWER'S PROMISE TO PAY
Borrower promises to pay U. S. Thirty Thousand And No /100 Dollars ( "530,000.00 ") ( "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 %) per annum
3. PAYMENT TERMS; TIME AND PLACE OF PAYMENTS
(A) Payment Terms; Time of Payments
The loan repayment of the Principal Amount of this Note shall be due and payable in legal tender of the
United States of America in 10 equal annual installments of Three Thousand And No /100 Dollars ($3,000.00)
each year beginning MARCH 01, 2014 (the "First Anniversary"), and shall continue annually until MARCH
01, 2023, the expiration of 10 years ( "Maturity Date "). At Maturity Date, the unpaid and un- forgiven amounts
owing under this Note shall be due and payable in full. Each payment installment will be applied first to
accrued interest, if any, and the remainder to reduction of the Principal Amount. After Maturity Date, Borrower
TDHCANSPNOTEHBA Page 1 of 5
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 10% of
Principal, Amount per year beginning on the First Anniversary and continuing annually until Maturity Date.
(C) Place of Payment
Borrower will make payment(s) at P. O. Box 13941, Austin, Texas 78711- 3941or at a different place if
required by the Note Holder.
(D) Due on Sale/Repayment
If one of the following events should occur before said Maturity Date, the unpaid and unforgiven balance
of this Note shall be immediately due and payable and Note Holder may invoke any remedies provided under
the NSP Subordinate Deed of Trust securing this Note:
(a) the note executed by Borrower made payable to TEXAS DEAPRTMENT OF HOUSING AND
COMMUNITY AFFAIRS( "First Lien Lender "), in the amount of $$61,542.94, of even date with this
Note, hereinafter the "Superior Lien Note(s)" is paid in full upon its maturity and according to its
terms; or
(b) the Superior Lien Note(s) is refinanced in whole or in part or is assumed by a new borrower without
the consent of the Note Holder; or
(c) the unpaid balance(s) of the Superior Lien Note(s) becomes due and payable in full for any reason
(whether by acceleration or according to its terms, and including, without limitation, because any
maker of the Superior Lien Note(s) is in default); or
(d) all or any part of the Property, or any interest in it, is leased, transferred or conveyed without Note
Holder's prior, written consent; or
(e) Borrower ceases to occupy the mortgaged property as his or her principal residence.
If the collateral is residential real property containing fewer than five dwelling units or a residential
manufactured home occupied by Borrower, exceptions to this provision are limited to (a) a subordinate lien or
encumbrance that does not transfer rights of occupancy of the property; (b) creation of a purchase money
security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a
co- owner; (d) grant of a leasehold interest of three years or less without an option to purchase; (e) transfer to a
spouse or children of owner or between co- owners; (f) transfer to a relative of owner or on owner's death; and
(g) transfer to an inter vivos trust in which owner is and remains a beneficiary and occupant of the property.
(E) Recapture
Upon the sale of the mortgaged property, any unpaid or un- forgiven balance of the Note shall be due and
payable in full from the available Net Proceeds from the sale of the mortgaged property pursuant to 24 CFR
§92.254. Net Proceeds of a sale are the sales price of Property minus the closing costs, any superior lien loan
repayment and any other necessary transaction costs. If the Net Proceeds are insufficient to repay the
outstanding balance of the Note in full and Borrower's investment (which includes any portion of initial down
payment paid by Borrower combined with the value of any capital improvements made with Borrower's funds),
the Borrower's investment is paid in full first from the available proceeds from the re -sale and the Note is repaid
to the extent that proceeds are available, but only in the event the mortgaged property was sold for an amount
TDHCANSPNOTEFIBA Page 2 of 5
not less than the current appraised value as then appraised by the appropriate governmental authority without
the consent of Lender. If there are no Net Proceeds and the mortgage property was sold for an amount not less
than the current appraised value as then appraised by the governmental authority, repayment of the Note is not
required.
4. BORROWER'S RIGHT TO PREPAY
Borrower has the right to make payments of principal at any time before they are due. A payment of principal
only is known as a "prepayment."
Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. The
Note Holder will use all of the prepayments to reduce the amount of principal that Borrower owes under this Note.
If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the payment
unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES: NO USURIOUS INTENT
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (ii) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
The Note Holder may choose to make this refund by reducing the principal owed under this Note or by making a
direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Default
If Borrower does not make the full amount of the annual payment on the date said annual installment
payment is due, Borrower will be in default. Additionally, Borrower will be in default under this NSP Deferred
Subordinate Lien Note:
(i) if Borrower fails to perform any obligation required of Borrower under the deed of trust securing this
Note or takes any action prohibited under the deed of trust securing this Note,
(ii) if any representations made by Borrower in connection with this loan was false in any material respect
when made, or
(iii) if any default occurs under the Superior Lien Note(s) described herein or under the deed of trust
securing said Superior Lien Note(s).
Any default under the NSP Subordinate Deed of Trust securing this Note shall be deemed to be a default
under this Note.
(B) Notice of Default
If Borrower is in default, the Note Holder may send Borrower a written notice telling Borrower that if
Borrower does not pay the overdue amount by a certain date, the Note Holder may require Borrower to pay
immediately the full amount of principal which has not been paid. That date must be at least 30 days after the
date on which the notice is delivered or mailed to Borrower.
(C) No Waiver By Note Holder
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.
TDHCANSPNOTEHBA Page 3 of 5
(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 Sixty -One Thousand Five Hundred Forty -Two And Ninety- Four /100 Dollars ($61,542.94), dated
2/28/2013 and executed by YESSENIA INTERIANO, payable to the order of TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS.
10. WAIVERS
Borrower and any other person who has obligations under this Note waive notice of intention to accelerate,
except as provided in except as provided in Section 6 (C) above, and the rights of presentment and notice of
dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
11. SECURITY FOR PAYMENT
This Note is secured by a vendor's lien granted in a deed to Borrower dated the same date as this Note and the
liens and security interests granted in the NSP Subordinate Deed of Trust (the "Security Instrument "), dated of even
date herewith, from Borrower to Timothy K. Irvine, Trustee, for the benefit of Lender, upon and against the
Property.
12. GOVERNING LAW
TDHCANSPNOTEHBA Page 4 of 5
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.
YESS
A TERIANO
TDHCANSPNOTEHBA Page 5 of 5
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
p.;, *if o .rs„
WALKS GO:INTY IITLE COMPANY
1109 UNIVERSITY AVENUE
HUNTSVILLE, lNTSVILLE, TEXAS 773410
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 28, 2013
Grantor: YESSENIA INTERIANO, A SINGLE PERSON
Grantor's Mailing Address: 500 2ND STREET, HUNTSVILLE, TX 77320
Trustee: Timothy K. Irvine of Travis County, Texas
Trustee's Mailing Address: P.O. Box 13491
Austin, Travis County, Texas 78711
Beneficiary TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official
agency of the State of Texas.
Beneficiary's Mailing Address: 211 East 11th Street
Austin, Travis County, Texas 78701
NSP Deferred Forgivable Subordinate Lien (Note):
Date: Of even date herewith.
Original principal amount: Thirty Thousand And No /100 Dollars ($30,000.00)
Maker: YESSENIA INTERIANO
Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official
agency of the State of Texas
Maturity date: MARCH 01, 2023
Terms of Payment: As provided therein
Property: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES.
Prior Liens:
TDHCANSPDOTHBA Page 1 of 9
Date: 2/28/2013
Grantor: YESSENIA INTERIANO
Trustee: TIMOTHY K. IRVINE
Amount: $61,542.94
Beneficiary: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Recording Information: To be recorded in the Real Property Records of WALKER County, Texas.
Other Exceptions to Conveyance and Warranty:
1. Visible and apparent easements on or across property which may not appear of record.
2. All coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together
with all rights, privileges, and immunities relating thereto.
3. Restrictions, covenants, easements and outstanding mineral reservations, rights to royalties, if any shown of
record in the hereinabove mentioned county and state, all to all zoning laws, regulations and ordinances of
municipal and /or other governmental authorities, if any.
4. Ownership of all oil, gas and other minerals; and rights of all parties claiming by, through or under said
mineral owner(s).
For value received and to secure payment of Note, Grantor conveys the Property to Trustee in trust. Grantor
warrants and agrees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty.
On payment of Note and all other amounts secured by this Deed of Trust, this Deed of Trust will have no further
effect, and Beneficiary will release it at Grantor's expense.
A. Grantor's Obligations
Grantor agrees to:
L keep the Property in good repair and condition;
2. pay all taxes and assessments on the Property before delinquency;
3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the
lien's priority as it is established in this Deed of Trust;
4. maintain, in a form acceptable to Beneficiary, an insurance policy that:
a. covers all improvements for their full insurable value as determined when the policy is issued and
renewed, unless Beneficiary approves a smaller amount in writing;
b. provides fire and extended coverage, including windstorm coverage;
c. protects Beneficiary with a standard mortgage clause;
d. provides flood insurance at any time the Property is in a flood hazard area; and
e. contains such other coverage as Beneficiary may reasonably require.
5. deliver the insurance policy to Beneficiary within ten days of the date of this Deed of Trust and deliver
renewals to Beneficiary at least fifteen days before expiration;
6. obey all laws, ordinances, and restrictive covenants applicable to the Property;
TDHCANSPDOTHBA Page 2 of 9
7. keep any buildings occupied as required by the insurance policy; and
8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all prior lien notes and abide by or
cause to be abided by all prior lien instruments.
B. Beneficiary's Rights
1. Beneficiary may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of
Trustee.
2. If the proceeds of Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all the
rights and liens of the holders of any debt so paid.
3. Beneficiary may apply any proceeds received under the insurance policy either to reduce Note or to repair
or replace damaged or destroyed improvements covered by the policy. If the Property is Grantor's primary
residence and Beneficiary reasonably determines that repairs to the improvements are economically
feasible, Beneficiary will make the insurance proceeds available to Grantor for repairs.
4. Notwithstanding note terms to the contrary, and unless applicable law prohibits, all payments received by
Beneficiary from Grantor under Note or this Deed of Trust may, at Beneficiary's discretion, be applied first
to amounts payable under this Deed of Trust and then to amounts due and payable to Beneficiary under
Note, to be applied to late charges, principal, or interest in the order Beneficiary in its discretion
determines.
5. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be
reimbursed by Grantor on demand for any amounts so paid, including attorney's fees, plus interest on those
amounts from the dates of payment at the rate stated in Note for matured, unpaid amounts. The amount to
be reimbursed will be secured by this Deed of Trust.
6. If there is a default on Note or if Grantor fails to perform any of Grantor's obligations and the default
continues after any required notice of the default and the time allowed to cure, Beneficiary may:
a. declare the unpaid principal balance and earned interest on Note immediately due;
b. direct Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent will cause notice
of the foreclosure sale to be given as provided by the Texas Property Code as then in effect; and
c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited
on Note.
7. Beneficiary may remedy any default without waiving it and may waive any default without waiving any
prior or subsequent default.
C. Trustee's Duties
If directed by Beneficiary to foreclose this lien, Trustee will:
1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as
then in effect;
2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash with a general warranty
binding Grantor, subject to the Prior Lien and to the Other Exceptions to Conveyance and Warranty and
without representation or warranty, express or implied, by Trustee;
3. from the proceeds of the sale, pay, in this order:
TDHCANSPDOTHBA Page 3 of 9
a. expenses of foreclosure, including a reasonable commission to Trustee;
b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid;
c. any amounts required by law to be paid before payment to Grantor; and
d. to Grantor, any balance; and
4. be indemnified by Beneficiary against all costs, expenses, and liabilities incurred by Trustee for acting in
the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other
costs, including attorney's fees, incurred by Trustee in defense of any action or proceeding taken against
Trustee in that capacity.
D. General Provisions
1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to
the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject
to an action for forcible detainer.
2. Recitals in any trustee's deed conveying the Property will be presumed to be true.
3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not
constitute an election of remedies.
4. This lien will remain superior to liens later created even if the time of payment of all or part of Note is
extended or part of the Property is released.
5. Application of Payments. If any portion of Note cannot be lawfully secured by this Deed of Trust,
payments will be applied first to discharge that portion. Unless applicable law provides otherwise,
payments will be applied next, to principal due; third, to interest due; and last, to any late charges due
under the Note.
6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be
exercised by successors in interest of all parties.
7. Hazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the
improvements now existing or hereafter erected on the Property insured against loss by fire, hazards
included within the term "extended coverage" and any other hazards, including floods or flooding, for
which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain
coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect
Beneficiary's rights in the Property in accordance with paragraph 9.
Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal
shall not extend or postpone the due date of the annual payments referred to in Note. If under part B,
"Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's
right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition
shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust immediately prior to the
acquisition.
8. Usury; Interest. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount
of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any
interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been
paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt
TDHCANSPDOTHBA Page 4 of 9
or, if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions
in this and all other instruments concerning the debt.
9. Protection of Beneficiary's Rights in the Property. If Grantor fails to perform the covenants and
agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect
Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to
enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the
value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying
any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take
action under this paragraph 9, Beneficiary does not have to do so.
Any amounts disbursed by Beneficiary under this paragraph 9 shall become additional debt of Grantor
secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, these
amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with
interest, upon notice from Beneficiary to Grantor requesting payment.
10. Mortgage Insurance. If Beneficiary required mortgage insurance as a condition of making the loan
secured by this Security Instrument, Grantor shall pay the premiums required to maintain the mortgage
insurance in effect. lf, for any reason, the mortgage insurance coverage required by Beneficiary lapses or
ceases to be in effect, Grantor shall pay the premiums required to obtain coverage substantially equivalent
to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Grantor of
the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Beneficiary.
If substantially equivalent mortgage insurance is not available, Grantor shall pay to Beneficiary each month
a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Grantor when the
insurance coverage lapsed or ceased to be in effect. Beneficiary will accept, use and retain these payments
as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the
option of Beneficiary, if mortgage insurance coverage (in the amount and for the period that Beneficiary
requires) provided by an insurer approved by Beneficiary again becomes available and is obtained.
Grantor shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss
reserve, until the requirement for mortgage insurance ends in accordance with any written agreement
between Grantor and Beneficiary or applicable law.
11. Inspection. Beneficiary or its agent may make reasonable entries upon and inspections of the Property.
Beneficiary shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for
the inspection.
12. Condemnation. Grantor assigns to Beneficiary all amounts payable to or received by Grantor from
condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages
caused by public works or construction on or near the Property. After deducting any expenses incurred,
including attorney's fees and court and other costs, Beneficiary will either release any remaining amounts
to Grantor or apply such amounts to reduce Note. Beneficiary will not be liable for failure to collect or to
exercise diligence in collecting any such amounts. Grantor will immediately give Beneficiary notice of any
actual or threatened proceedings for condemnation of all or part of the Property.
13. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any part of
the Property have been advanced by Beneficiary at Grantor's request and upon Grantor's representation that
such amounts are due and are secured by valid liens against the Property. Beneficiary shall be subrogated
to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any
outstanding liens and debts, regardless of whether said liens or debts are acquired by Beneficiary by
assignment or are released by the holder thereof upon payment.
14. Purchase Money; Vendor's Lien. Grantor represents that this Deed of Trust and Note are given for the
following purposes:
TDHCANSPDOTHBA Page 5 of 9
The funds advanced to Maker under Note are used to pay closing cost and part of the purchase price of
the Property. Note also are primarily secured by a vendor's lien retained in the deed of even date with this
Deed of Trust executed by CITY OF HUNTSVILLE conveying the Property to Maker, which vendor's
lien has been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien.
The vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the
vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative.
Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose
under both
15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR
CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES
WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN
BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE
AND DEMAND FULL PAYMENT OF THE BALANCE OF ALL PRINCIPAL AND INTEREST
REMAINING DUE THEREON. If the Property is residential, real property containing fewer than five
(5) dwelling units or a manufactured home occupied by Grantor, exceptions to this provision are limited to:
(a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b)
creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or
operation of law on the death of a co- Grantor; (d) grant of a leasehold interest of three years or less without
an option to purchase; (3) transfer to a spouse or children of Grantor or between co- Grantors; (f) transfer to
a relative of Grantor on Grantor's death; and (g) transfer to an inter vivos trust in which Grantor is and
remains a beneficiary and occupant of the Property. The restriction on the transfer of Property will
automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure,
or if the mortgage is assigned to the Secretary of the U. S. Department of Housing and Urban Development
in accordance with 24 C.F.R. §203.41.
16. Loan Not a Home Equity Loan. The Loan evidenced by Note is not an extension of credit as defined by
Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as
Maker's residence, then Maker agrees that Maker will receive no cash from the Loan evidenced by Note
and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete
construction, or renew and extend a prior lien against the Property, will be used to reduce the balance
evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's
option. Maker agrees to execute any documentation necessary to comply with this Section.
17. Occupancy, Preservation, Maintenance and Protection of the Property.
GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR
BELOW FIFTY PERCENT (50 %) OF AREA MEDIAN INCOME, AND WILL CONTINUE TO
USE THE PROPERTY AS THEIR PRINCIPAL RESIDENCE. IF GRANTOR CEASES TO
OCCUPY THE PROPERTY AS THEIR PRINCIPAL RESIDENCE, THE BENEFICIARY MAY
AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE AND DEMAND FULL
PAYMENT OF THE UNPAID AND /OR UNFORGIVEN BALANCE OF ALL PRINCIPAL AND
INTEREST, IF ANY, REMAINING DUE THEREON. HOWEVER, THIS ELECTION SHALL
NOT BE EXERCISED BY BENEFICIARY IF PROHIBITED BY FEDERAL LAW. Grantor shall
not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Grantor shall be in default if any forfeiture action or proceeding, whether civil or criminal, is
begun that in Beneficiary's good faith judgment could result in forfeiture of the Property or otherwise
materially impair the lien created by this Deed of Trust or Beneficiary's security interest. Grantor may
cure such a default and reinstate, as provided under part B, "Beneficiary's Rights" and part C, "Trustee's
Rights ", by causing the action or proceeding to be dismissed with a ruling that, in Beneficiary's good faith
determination, precludes forfeiture of the Grantor's interest in the Property or other material impairment of
the lien created by this Deed of Trust or Beneficiary's security interest. Grantor shall also be in default if
Grantor, during the loan application process, gave materially false or inaccurate information or statements
to Beneficiary (or failed to provide Beneficiary with any material information) in connection with the loan
evidenced by the Note, including, but not limited to, representations concerning Grantor's occupancy of the
Property as a principal residence
TDHCANSPDOTHBA Page 6 of 9
18. Hazardous Substances. Grantor shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Grantor shall not do, nor allow anyone else to do,
anything affecting the Property that is in violation of any Environmental Law. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property.
Grantor shall promptly give Beneficiary written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Grantor has actual knowledge. If Grantor learns, or
is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Grantor shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and
laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection.
19. Waiver of Notice of Intention to Accelerate. Grantor waives the right to notice of intention to require
immediate payment in full of all sums secured by this Deed of Trust and the right to notice of acceleration,
except in either case as provided under part B, "Beneficiary's Rights" and part C, "Trustee's Rights."
20. Substitute Trustee. Beneficiary, at its option and with or without cause, may from time to time remove
Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed
hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power
and duties conferred upon Trustee herein and by applicable law.
21. Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall have the right to have
enforcement of this Deed of Trust discontinued at any time prior to the earlier of: (a) 5 days (or such other
period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power
of sale contained in this Deed of Trust; or (b) entry of a judgment enforcing this Deed of Trust. Those
conditions are that Grantor: (a) pays Beneficiary all sums which then would be due under this Deed of
Trust and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Deed of Trust, including, but not limited to,
reasonable attorneys' fees; and (d) takes such action as Beneficiary may reasonably require to assure that
the lien of this Deed of Trust, Beneficiary's rights in the Property and Grantor's obligation to pay the sums
secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed of
Trust and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under part B, "Beneficiary's
Rights" and part C, "Trustee's Rights."
22. Release. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall release this Deed of
Trust without charge to Grantor. Grantor shall pay any recordation costs.
23. Severability. If any provision of this Deed of Trust is determined to be invalid or unenforceable, the
validity or enforceability of any other provision will not be affected.
24. Partial Invalidity. In the event any portion of the sums intended to be secured by this Deed of Trust
cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those
portions not secured hereby.
25. The term Note includes all extensions and renewals of Note and all sums secured by this Deed of Trust.
TDHCANSPDOTHBA Page 7 of 9
25. When the context requires, singular nouns and pronouns include the plural.
26. If Grantor and Maker are not the same person, the term Grantor shall include Maker.
27. Second Lien. Notwithstanding any provision of this Deed of Trust to the contrary, the lien and security
interest created hereby are expressly subordinate and inferior to the lien created by the Prior Lien. Upon
the event of foreclosure or deed in lieu of foreclosure of the Prior Lien, any provisions herein, or any
provisions in any other collateral agreement, restricting the use of the Property to low or moderate income
households or otherwise restricting the Grantor's ability to sell the Property shall have no effect on
subsequent owners or purchasers of the Property (other than the Grantor or a related entity of Grantor).
Prior to taking any actions under part B, "Beneficiary's Rights" and part C, "Trustee's Rights ",
Beneficiary shall notify the lienholder of the Prior Lien of the default, and shall provide the lienholder of
the Prior Lien with the opportunity to cure any such default under this Deed of Trust.
28. Repayment Deferrals, Reductions and Forgiveness. Note provide for certain potential deferrals,
principal reductions, forgiveness or other payment terms. Note also provide that full debt, if not paid or
forgiven earlier, shall be due and payable on the sale of the Property (subject to paragraphs 15 and 17),
refinance of any superior lien or acceleration of any superior lien note.
29. "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
l Adjustable Rate Rider
rl Balloon Rider
1"`I 1 -4 Family Rider
GRANTOR:
[I Condominium Rider
Planned Unit Development Rider
r. Biweekly Payment Rider
El Second Home Rider
r. i Renewal & Extension Addendum
1'1 Other(s) [specify]
Do: .IA [NTERIANO
(Seal)
- Borrower
(Seal)
- Borrower
TDHCANSPDOTHBA Page 8 of 9
(Seal)
- Borrower
(Seal)
- Borrower
State of TEXAS
County of WALKER
[Space Below This Line For Acknowledgment]
Before me, a Notary Public, on this day personally
proved to me on the oath of
document] ..I9 to
instrument and acknowledged to me that he executed the s
Given under my hand and seal of office this
(Seal)
My Commission Expires: IS" 0-9/ i
�'y,��i1;IP9PP9fP!
s
PREPARED BY: o e `
BLACK, MANN & GRAHANL.1d.P /I\
2905 CORPORATE CIRCLE s . s� h
FLOWER MOUND, TX 75028 %' p�R,.� moo`
(972)- 353 -4174 '//,,,.:..84- 1 2' 1t, R` °'
I/ISHPPd i t i t t0����,
appeared YESSENIA INTERIANO known to me (or
or through [description of identity card or other
be the person whose name is subscribed to the foregoing
urposes and consideration therein expressVd.
•
ame for
da
ignature o Officer
k 5; Jc6 Ow(( ce,Z-> 55557 4
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
ATTN: SHIRLEY SMITHAM
TDHCANSPDOTHBA Page 9 of 9
METES AND BOUNDS DESCRIPTION of
Lot 1 of Vann-Johnson Subdivision, Huntsville, Texas
Being a 0.185 of an acre (8,080 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of Lot 1 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 the Official Public Records of Walker County,
Texas (O.P.R.W.C.T.); said 0.185 of an acre of land being more particularly described by metes
and bounds as follows:
BEGINNING at a found 5/8 -inch iron rod with cap at the southwesterly corner 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 in the northerly line of that certain called 9.04 acre tract of land conveyed to
the City of Huntsville by deed and recorded under Volume 180, Page 99 of said Deed Records,
same being the northerly line of Second Street (50' Road Easement) of record under Volume 70,
Page 393 of said Deed Records, and being the southeasterly corner of said Lot 1 and said 1.17
acre tract;
THENCE, South 88 °31'13" West, a distance of 80.19 feet, along the southerly line of said Lot
1 and said 1.17 acre tract, being the northerly line of said 9.04 acre tract and said Second Street to
a found 5/8 -inch iron rocl with cap at the southeasterly corner of that certain tract of land
conveyed to Florine Randle by deed and recorded in Volume 179, Page 541 of said Deed
Records, being the southwesterly corner of said Lot 1 and said 1.17 acre tract;
THENCE, North 02 °35'47" West, n distance of 100.00 feet, along the common line of said
Florine Randle tract and said Lot 1 and 1.17 acre tract to a found 5/8 -inch iron rod with cap in the
southerly line of Lot 2 of said Vann - Johnson Subdivision, being the northeasterly corner of said
Florine Randle tract, same being the northwesterly corner of said Lot 1, and being an el corner in
the westerly line of said 1.17 acre tract;
THENCE, North 87 °24'13" East, a distance of 80.17 feet, along the southerly line of said Lot
2, being the northerly line of said Lot 1 to a found 5/8 -inch iron rod with cap in the westerly line
of said 50' Road, being the southeasterly corer of said Lot 2, sane being the northeasterly corner
of said Lot 1 and being in the easterly line of said 1.17 acre tract;
THENCE, South 02 °35'47" East, a distance of 10L56 feet, along the westerly line of said 50'
Road, being the easterly line of said Lot 1 and said 1.17 acre tract to the Point of Beginning and
containing 0.185 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
EXHIBIT 11 ' +' t1
�HIBYT .._
PAGE / OF -Z-
•
LEGEND
- GUY WIRE
f-66-I POWER POLE
SIGN
O WATER WELL
▪ FOUND MONUMENTTION
(TYPE NOTED)
— P— POWER LINES
— I /— FENCE
/// EDGE OF ASPHALT
8
D.R.W.C.T.
0.P.R.W.C.T.
P.R.W.C.T.
DEED RECORDS WALKER
COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS
WALKER COUNTY. TEXAS
PLAT RECORDS WALKER
COUNTY. TEXAS
LOT 2
CALLED 1.17 ACRES
C /TY OF NUNTSVILLE
VOL 955, PACE 720
SUBOIWSION LINE
10 B.L PE
4' CHAWUNR
FENCE
FLORIN£ RANDLE
VOL 179. PC. 547
PLAT
0 15 30
SCALE: 1" = 30'
Im
Iw
J
N87 24'13 "E
80.17'
FN0.5 /e1.R. LOT LfNE
W /CAP 10' B.L. PER PLAT
x0.185 ACRES
BARB wRE (8,080 SQ.FT.)
FENCE
SURVEYOR'S CERTIFICATE D.R. W. C. T. VOL 760, FC .9.9
1 hereby certify to The City of Huntsville that this survey was
mode on the ground and completed on August 15, 2011
Ihot this drawing correctly represents the facts found at the
line of s rvey and that This professional ern
substaniioily conforms to the current Texas Society of
Professional Surveyors Standards and Specifications for o
Colegory 16. Condition 11 Survey.
25 Bi-.
LOT 1
VANN-
JOHNSON
SUBDIVISION
VOL 5, PG. 81
P.R.W.C.T.
L____J
25' 8L PER PLAT
FN0.5/81R.
W /CAP
FN0.5/81.R.
W /CAP
a 7 .
OO I
(0
CALLED 30' ROAD
PE RESIDUE
GUMS BROS et CO.
(40ICKES TRACT Na 9J
001. 85, PACE 161
D.R.W.C.T.
Io' LLE PER PLAT
CONC.
S8831 '7 3 "W
0 80.19 _r*L ->•-1
60
0
P. 0.B.
FNO.5 /8 "I.R.
W /CAP
SECOND STREET ASPH OF
PHALT
(50' ROAD ESA(T CALLED 9.04 A
VOL 70, PG, 393 CITY OF N(/fyTS,, /LLE•
Sl phe M. Chrusz
R.P.L. No. 593
NOTES,
1. This survey was performed without the benefit of o Title
Comm' tmen1.
2. Horizonlol Control is based on holding City of Huntsville Monuments
No. 7574 (grid coordinate of North - 10.262,485.31 & Eosl-
3,802.009.473) and 7575 (grid coordinate of North - 10.262,526.24
& Eosl- 3,601,780,255). Bearings described ore related to the Texas
Coordinote System of 1983, Centro) Zone. ()Blondes shown ore US
Survey Feel In 'Field Horizontal' Units and may be conAerted to
'GRID" units by multiplying by o combined scale factor of 0.89986.
3. Square footage totals shown hereon ore based on mathematical
closures and do not necessarily represent the 900111 ncl 000U(0cy of
the boundary monumentotion.
4. A description of even dale occomponles this plot.
LOT 1 OF VANN- JOHNSON
SUBDIVISION OF THE PLEASANT
GRAY LEAGUE, A -24
IN WALKER COUNTY, TEXAS
25814 Budde Road
Sp in Texas 77380 •
Phone. 281-581-9766 Fax:281 -681 -9779
m. r KC
ow. oat B /11
a SC
s, N/A
1 - -30'
11 -249 -027
LOTL we..
1011.0010
..n„ ,r.
N/A
EXHIBIT
It
PAGE OFD.
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: 77099991266C
BORROWER NAME: YESSENIA INTERIANO
PROPERTY ADDRESS: 500 2ND STREET, HUNTSVILLE, TX 77320
MAILING ADDRESS:
HOME PHONE:
WORK PHONE:
CELL PHONE:
NEAREST RELATIVE
(not living with you)
CONTACT NAME AND
PHONE NUMBER:
-)o,.rn e cap pro 7 11 s S
/A
3 - y35 -61 L/
G y 3 • 3
9'3,6 9944-03-i6
i
Ka.y m v 7 d /fin arA- t o e2 -
TDHCANSPINITIALLNCONTACTINFO Page 1 of I
Please give this letter to borrower at closing.
FEBRUARY 28, 2013
YESSENIA INTERIANO
500 2ND STREET
HUNTSVILLE, TX 77320
Re: Loan Number 77099991266C
Dear YESSENIA INTERIANO:
The Texas Department of Housing and Community Affairs would like to welcome you as a new customer.
Your first payment on your mortgage loan will be due MARCH 01, 2014. Please use the temporary coupon
attached below when mailing your first payment.
Your loan may include an escrow account, which is used to pay your taxes and insurance. Annually, we will
analyze the escrow account, and your payment may be adjusted accordingly. If, for example, your property taxes
increase, your payment may also increase.
At the end of each year, the Department will send you an annual statement for your records. This information
will also be transmitted to the Internal Revenue Service for income tax purposes.
If you have any questions or concerns regarding your mortgage loan, please don't hesitate to contact us at the
number listed below. We look forward to servicing your mortgage loan.
Texas Department of Housing and Community Affairs
If by mail: P.O. Box 13941, Austin, Texas 78711 -3941
If by overnight delivery service: 221 E. llth Street, Austin, Texas 78701
Toll Free: 800.298.4013
FAX Number: 512.472.7500
CUT HERE FOR FIRST PAYMENT COUPON
Mail to:
Loan Number:
Payment Due Date:
Borrower Name:
Mortgage Loan Payment:
TDHCANSPPAYLTRHBA
Texas Department of Housing and Community Affairs
P.O. Box 13245 -C3
Austin, Texas 78711 -3245
77099991266C
MARCH 01, 2014
YESSENIA INTERIANO
Principal & Interest:
Escrow:
Total Payment:
Page 1 of 1
$3,000.00
$0.00
$3,000.00 (if not forgiven)
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 500 2ND STREET, HUNTSVILLE WALKER
County, TX 77320 dated FEBRUARY 28, 2013. The Borrower(s) hereby certifies and acknowledges that the
above reference property will be their primary residence and will be occupied within 30 days of closing the
mortgage loan.
- Borrower - Borrower
- Borrower - Borrower
- Borrower
- Borrower
THE STATE OF TEXAS
OF t
Before me, this inst
ACKNOWLEDGEMENT
(SEAL)
• 9TF 5
UFiF. P
.4.*PIRES „e
THE STATE OF TEXAS
COUNTY OF
Before me, this instrument was signed and
acknowledge
d on O 20/3 20 by
,i
Notary lic, St.�
vaJ A-/a
My Commission Expires:
[Typed / Printed Name]
acknowledged on , 20 by
Notary Public, State of Texas
(SEAL)
My Commission Expires:
TDHCANSPOCCUPAN Page 1 of 1
[Typed / Printed Name]
SURVEY AND TITLE LETTER
I /We the undersigned Borrower(s) hereby certify that I /we have received, reviewed, and approved a copy of the
attached survey which is incorporated hereto by reference and have signed or initialed and dated same for
identification purposes. I /We am /are aware of the indicated encroachments, protrusions, easements, limitations,
access, dimensions, and/or other conditions shown on the survey.
I /We further certify that the Settlement Agent has provided me /us with a copy of the Commitment for Title
Insurance and that I /we have reviewed and consent to all of the exceptions to title which would appear in an
Owner's Title Policy for the Property.
IN CONSIDERATION OF THE LENDER MAKING A LOAN TO BORROWER(S), UWE HEREBY
HOLD LENDER HARMLESS FROM ANY COMPLAINT ARISING AS A RESULT OF ANY MATTERS
INDICATED IN THE SURVEY, THE EXCEPTIONS STATED IN THE COMMITMENT FOR TITLE
INSURANCE, AND THE OWNER'S AND MORTGAGEE TITLE INSURANCE POLICIES.
IN ADDITION TO BUT NOT IN LIEU OF THE ABOVE AND FOR THE CONSIDERATION
RECITED ABOVE, I /WE HAVE BEEN MADE AWARE OF THE FOLLOWING SPECIFIC
CONDITIONS AFFECTING THE ABOVE - DESCRIBED PROPERTY AND I /WE DO HEREBY AGREE,
INDEMNIFY AND HOLD HARMLESS LENDER, ITS SUCCESSORS AND ASSIGN FROM ANY
CLAIMS, COSTS, DAMAGES, CAUSES OF ACTION AND EXPENSES IN ANY WAY ARISING FROM
THE FOLLOWING CONDITIONS:
CONCRETE DRIVEWAY ENCROACHES EASEMENT
POWER LINE CROSSES SAID PROPERTY
EXECUTED thisNI day of
BORROWER:
TDHCANSPSURVEY Page 1 of 1
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
$30,000.00 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:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES.
Whereas, said Deed of Trust and Note contain federal HOME Program due on sale clauses and affordability
requirement provisions under 24 CFR Section 92.254 associated with and as adopted by the Texas NSP Homebuyer
Assistance Program loan.
I /We, the undersigned Borrower, hereby acknowledge(s) the following:
"The due on sale provisions and the affordability requirements contained therein have been explained to me /us
and I /we fully understand these provisions. I /we further understand that the loan is being made to me /us based upon
my /our assurance that I /we will live in the house on the Property, as my /our principal place of residence for a period
of 10, (MARCH 01, 2023) years and repay the loan to the Lender according to the terms of the Note and Deed of
Trust and that if I /we should sell or move from the Property prior to the end of 10 (MARCH 01, 2023) 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, I /we understand that it is my /our responsibility to recertify to the Lender that I /we am /are still
residing in the house on the Property as my /our principal residence."
EXECUTED this day of , 20
BORROWER:
By:
Name:
Title:
By:
Name:
Title:
' t NIA I I ERIANO
TDHCANSPDUEONSALEHBA Page 1 of
By:
Name:
Title:
By:
Name:
Title:
Applicants /Borrowers: YESSENIA INTERIANO
Property Address: 500 2ND STREET, HUNTSVILLE, TX 77320
Loan No: 77099991266C
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 ead, and executed this written Notice.
4r- =2e-ell.- 410
Y. SENIA INTERIANO
STATE OF ( TEXAS )
COUNTY OF ( WALKER )
This instrument was ackn ��ktio before me on
��pNNiNp� ✓�e�
�.<5 Y A(%9 . U2 r
NOtai+ ' u . tic, St .� of TEXAS
My commission exp res: �, Nbtarr', ped or nted name:
5�`(`��y1/ °S T4�OFS�P'
iii ••••;XPIREe;.� •
(Seal)
;212 21)3
by YESSENIA INTERIANO .
TXPENALTYB1 Page 1 of 1
Applicants /Borrowers: YESSENIA INTERIANO
Property Address: 500 2ND STREET, HUNTSVILLE, TX 77320
Loan No: 77099991266C
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
receive e read, and executed this written Notice.
AO",,
r ENI s 1 TERIANO
STATE OF ( TEXAS )
COUNTY OF ( WALKER )
This instrument was acknowledged before me on
(Seal)
My commission expire :
TXPENALTYB1
2e /3 by YESSENIA INTERIANO .
of TEXAS ---�� ���
ed name: r„ 4!.y/ �/1
Form W -9
(Rev. December 2011)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give form to the
requestor. Do Not
send to the IRS.
Print or Type
See Specific Instructions on
page 2
Name (as shown on your income tax return)
YESSENIA INTERIANO
Business name /disregarded entity name, if different from above
Check appropriate box
Classification (required): Ii Individual /Sole proprietor (7 C Corporation ri s Corporation Ii Partnership
r' Limited liability company. Enter the tax classification (C =C corporation, S =S Corporation, P= partnership)
Ii Other (see Instructions) •
/'`''
CI Trust/estate
•
Exempt payee
Address (number, street, and apt, or suite no.)
500 2ND STREET
Requestor's name and address (optional)
City, state, and ZIP code
HUNTSVILLE, TX 77320
List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social Security number
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. lithe account is in more than one name, see the chart on page 4 for guidelines on whose number
to enter.
Part II
Employer identification number
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest
paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally,
payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on
page 4.
Sign
Here
Signature of
U.S. Person •
General Instructions
Date • c'(2'r%Y ',
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation of
debt, or contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business is
not subject to the withholding tax on foreign partners' share of effectively
connected income.
Note. If a requester gives you a form other than Form W -9 to request your
TIN, you must use the requester's form if it is substantially similar to this
Form W -9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a
withholding tax on any foreign partners' share of income from such
business. Further, in certain cases where a Form W -9 has not been
received, a partnership is required to presume that a partner is a foreign
person, and pay the withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W -9 to the partnership to establish your
U.S. status and avoid withholding on your share of partnership income.
The person who gives Form W -9 to the partnership for purposes of
establishing its U.S. status and avoiding withholding on its allocable
share of net income from the partnership conducting a trade or
business in the United States is in the following cases:
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X
Form W -9 (Rev. 1 -2011)