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image19520• OMB No. 2502 -0265 A. U.S. Department of Housing B. Type of Loan t KJ and Urban Development 1. [ ] FHA 2. [ ] RHS 4. [ 1 VA 5. [ ]Conv. Ins. 3. [X] Conv. Unins. I : 4 ;, 6. File Number 2012121287 7. Loan Number Settlement Statement (HUD -1) 8. Mortgage Ins. Case No. C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked ( "POC ") were paid outside the closing: they are shown here for information purposes and are not included in the totals. D. Name & Address of Borrower: Geneva Leigh, 37 E. Wire Road, Huntsville, TX 77320 E. Name & Address of Seller: City of Huntsville, 1212 Avenue M, Huntsville, TX 77340 F. Name & Address of Lender: First Financial Bank, N.A., 33 SH 75 North, Huntsville, TX 77320 Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, TX 78701 G. Property Location: P. Gray League (0.2346 acres), Abstract #24; Lot 2, Block 66, Huntsville Townsite 907 Avenue P, Huntsville, TX 77320 H. Settlement Agent: Walker County Title Company (936) 295 -8173 TIN: 742113306 Place of Settlement: 1109 University Avenue, Huntsville, TX 77340 I. Settlement Date: 5/20/2013 Proration Date: 5/20/2103 Recording Date: 5/20/2013 Disbursed Date: 5/20/2013 oyet 1G.3�' .sT s 1AFt°b U f I.; na 't Of e � a•S� •re 00 .. . . ... . . ...... . . .. . 88,312.00 101. Contract sales price 88,312.00 401. Contract sales price 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 3,341.61 403. 104. 404. 105. 405. Adt S fftett 4i tkem Raid b/ ye t a S E d m 106. City /town taxes 406. City /town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. Property Taxes 409. Property Taxes 110. 410. 111. 411. TDHCA Closing Cost Credit 1,290.00 112. 412. TDHCA Loan Write Down 120. GrossAmount Due from Borrower: 91,653.61 420. Gross Amount Due to Seller 89,602.00 20,0, ,AmoitntS a(d,ay rrn Be!1ef 6f 64frr 600 . ec u OticW A1.;_a � -14) ®.$elke 1_ ' , 201. Deposit or earnest money 500.00 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 83,900.00 502. Settlement charges to seller (line 1400) 495.00 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Second Lien -TDHCA 5,978.55 504. Payoff of first mortgage loan TDHCA 88,312.00 205. 505. Payoff of second mortgage loan 206. 506. 207. Seller Pays Owner's Title Policy 795.00 507. Seller Pays Owner's Title Policy 795.00 208. Property Tax 5 Month Exemption Credit 530.06 508. 209. 509. Adt anid 6y?Ic�lxl �, f �,�i.,r��6 sfm�kiirftt?,tft#��, 210. City /town taxes 510. City /town taxes 211. County taxes 511. County taxes 212. Assessments 512. Assessments 213. Property Taxes 513. Property Taxes 214. 514. 215. 515. 216. 516. 217, 517. 218. 518. 219. 519. 220. Total Paid by/for Borrower 91,703.61 520. Total Reduction Amount Due Seller: 89,602.00 *Pi- �2�f� ., 4 r, f�� T1�.YX�y r � _-., , Y,.is�'a�;3 w �`' • �-� $ . �, � ! � ,_ g`� ... �. >.. _ ,. , ", • 601. Gross amount due to seller (line 420) 89,602.00 301. Gross amount due from borrower (line 120) 91,653.61 302. Less amount paid by /for borrower (line 220) 91,703.61 602. Less total reduction in amount due seller(line 520) 89,602.00 303. CASH ()FROM (X)TO BORROWER 50.00 603. CASH ()FROM ()TO SELLER 0.00 SUBSTITUTE FORM 1099 SELLER STATEMENT - The information contained in Blocks E, G, H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404), 406, 407 and 408 -412 (applicable part of buyer's real estate tax reportable to the IRS) is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. SELLER INSTRUCTION - If this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of form 4797, Form 6252 and /or Schedule D (Form 1040). You are required by law to provide Walker County Title Company (936) 295 -8173 with your correct taxpayer identification number. If you do not provide Walker County Title Company (936) 295 -8173 with your correct taxpayer identification number, you may be subject to civil or criminal penalties. City of Huntsville The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. i i � t � '# y ti�C� H 1 y u m�� e„t a..-,&r -, ,,. ,a� .�k � ih rk�,l�fl%7S!'� n �BS;3k`r",�.> r..e,.a�iSlMkt �S±a�#lem�`�harge� �, ., �.��:,.�� d,.. � i �; , i �'�'�".. t:! ;.S�Q.M�, O: 700. Total Real Estate Broker Fees Paid From Borrower's Funds at Settlement Paid From Seller's Funds at Settlement Division of commission (line 700) as follows: 701. $ 702. $ 703. Commission paid at settlement 0.00 704. 705. 8.00 yy y t1 q ( 11,1 �y 4 > t $s 1�Sb % t '1�M4�1 801. Our origination charge (from GFE #1) 802. Your credit or charge (points) for specific interest rate chosen (from GFE #2) 803. Your adjusted origination charges (from GFE A) 0.00 804. Appraisal fee (from GFE #3) 805. Credit report to FFB FBO Experian (from GFE #3) POCL 3.77 806. Tax service (from GFE #3) 807. Flood certification to FFB FBO American Flood Research (from GFE #3) 17.00 808. 809. 810. 811. 812. 813. 900 ^ 7t a hired nsfer4j�t Falctlnrcr �� - 3x � � �fna,�suf : �5 I 'k +§.,.. ��,M 901. Daily interest charges (from GFE #10) 902. Mortgage insurance premium (from GFE #3) 903. Homeowner's insurance 1 year Hochheim Prairie Cas (from GFE #11) 674.00 904. 905. 100 xa pp P 1,011.61 1001. Initial deposit for your escrow account (from GFE #9) 1002. Homeowner's insurance 2 mo.@ $56.1700 per mo. $112.34 1003. Mortgage insurance 1004. City property taxes 1005. County property taxes 7 mo.@ $184.6400 per mo. $1,292.48 1006. Annual Assessments (maint.) 1007. 1008. 1009. Aggregate Adjustment to First Financial Bank, N.A. ($393.21) yy yy�� yy�r A,1002 itCDlCha 1101. Title services and lender's title insurance (from GFE#4) 676.00 1102. Settlement or closing fee 1103. Owner's title insurance to Walker County Title Compa (from GFE #5) 795.00 1104. Lender's title insurance to Walker County Title Compa $200.00 1105. Lender's title policy limit $83,900.00 1106. Owner's title policy limit $88,312.00 1107. Agents portion of the total title insurance premium $845.75 1108. Underwriter's portion of the total title insurance premium $149.25 1109. Agent Name: Walker County Title Company 1110. Underwriter Name:Stewart Title Guaranty Company 1111. Endorsements:T19, T36, Tax Del, NYDP 1112. 2nd Lien MTP + endorsements to Walker Count) $105.00 1113. 1114. State Guaranty Fees to Walker Count) $6.00 1115. Escrow /Closing Fee to Walker Count) $300.00 1116. Delivery Fee to Walker Count) $50.00 1117. Wire Fees to Walker Count) $15.00 1118. 200( sav n;$n�fi�#'r.,'..i, } a��;)3� 1201. Government recording charges (from GFE #7) 168.00 1202. Deed /Mortgage /Release Mortgage $56.00 2nd $56.00 1203. Transfer taxes (from GFE #8) 0.00 1204. City /County tax/stamps 1205. State tax/stamps 1206. UCC Recording to Walker Count) $56.00 vt';r pp 3 pp i zw, 3i .i P. ft �. 130�z „JClttlOnSpttl1 �i 0.00 1301. Required services that you can shop for (from GFE#6) 1302. Survey 1303. Home Warranty to First American Homebuyers Protection Corp. 495.00 1304. 1305. 1306. Homeowner Training to eHomeAmerica POCB 50.00 1400. Total settlement charges (entered on lines 103, section J and 502, section K) 3,341.61 495.00 5/17/13 2:15 PM File Number: 2012121287 Qampa 1soti,,otGct d Phi$rg#s-; W4t t Our origination charge [rp tttcrala Good Faith Estimate HUD -1 # 801 $0.00 $0.00 Your credit or charge (points) for specific interest rate chosen Your adjusted origination charges Transfer taxes # 802 $0.00 $0.00 # 803 $0.00 $0.00 # 1203 $0.00 $0.00 Chang#' fiat, ;rTtaEttlriaeNtQte�han 1G °��. 1• '. Good Faith Estimate HUD -1 HUD -1 # 1001 Government recording charges $502.40 # 1201 Daily interest charges $200.00 /day $168.00 $0.00 Homeowner's insurance # 903 [X] No. ()Yes, the first increase can be on and the monthly amount $800.00 $674.00 Does your loan have a prepayment penalty? # Does your loan have a balloon payment? [X] No. ()Yes, you have a balloon payment of $ . due in years on . Total monthly amount owed including escrow account payments [ ] You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. [X] You have an additional monthly escrow payment of $240.81 that results in a total initial monthly amount owed of $691.26. This includes principal, interest, any mortgage insurance, and any items checked below: [X] Property taxes [X] Homeowner's insurance [ 1 Flood insurance [ 1 [1 [1 Credit report # # 805 $3.77 $3.77 Flood certification # # 807 $17.00 # $17.00 # # Title services and lender's title insurance # 1101 $787.00 $676.00 Owner's title insurance # 1103 # $766.00 $795.00 # # 8 �^'s� %i7e' hr�fti sa,w�AAA` �� Nva�rB4 ' b e yd"�q5'"^ a� ki ?,i a &A 6 � "fil' i� ��1� x !� 1,773.77 1,659.77 $ - 114.00 or -6.4% Gha r9 �tat �ah� an � e t1 } Good Faith Estimate HUD -1 . Initial deposit for your escrow account # 1001 $450.45 includes [X] Principal [X] Interest [1 Mortgage Insurance $502.40 $1,011.61 Daily interest charges # 901 /day $0.00 $0.00 Homeowner's insurance # 903 [X] No. ()Yes, the first increase can be on and the monthly amount $800.00 $674.00 Does your loan have a prepayment penalty? # Does your loan have a balloon payment? [X] No. ()Yes, you have a balloon payment of $ . due in years on . Total monthly amount owed including escrow account payments [ ] You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. [X] You have an additional monthly escrow payment of $240.81 that results in a total initial monthly amount owed of $691.26. This includes principal, interest, any mortgage insurance, and any items checked below: [X] Property taxes [X] Homeowner's insurance [ 1 Flood insurance [ 1 [1 [1 # # # # # # Your initial loan amount is $83,900.00 Your loan term is 30.00 years Your initial interest rate is 5.000 % Your initial monthly amount owed for principal, interest, and any mortgage insurance is $450.45 includes [X] Principal [X] Interest [1 Mortgage Insurance Can your interest rate rise? [X] No [ ] Yes, it can rise to a maximum of %. The first change will be on and can change every after . Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. Even if you make payments on time, can your loan balance rise? [X] No. [ ] Yes, it can rise to a maximum of $ Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? [X] No. ()Yes, the first increase can be on and the monthly amount owed can rise to $ . The maximum it can ever rise is to $ Does your loan have a prepayment penalty? [X] No. [ ]Yes, your maximum prepayment penalty is $ . Does your loan have a balloon payment? [X] No. ()Yes, you have a balloon payment of $ . due in years on . Total monthly amount owed including escrow account payments [ ] You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. [X] You have an additional monthly escrow payment of $240.81 that results in a total initial monthly amount owed of $691.26. This includes principal, interest, any mortgage insurance, and any items checked below: [X] Property taxes [X] Homeowner's insurance [ 1 Flood insurance [ 1 [1 [1 Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. Previous editions are obsolete HUD -1 GF: 2012121287 CERTIFICATION I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. SELLERS: f Hu By: Matt Benoit, City Manager PURCHASERS: Ge eva Leigh To the best of my knowledge, the HUD -1 Settlement Statement which I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. County Title Company WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details, see: Title 18 U.S. Code Sections 1001 and 1010. LEGEND FOUND MONUMENTATION • (TYPE NOTED) SET 5/8" IRON ROD WITH "GS" CAP 0 WATER METER Q WATER VALVE 0 AIR CONDITIONER r4'-I POWER POLE co —E-- POWER LINES —1/— D.R.W.C.T. ELECTRIC METER CLEAN OUT 0.P.R.W.C.T. P.R.W.C.T. FENCE (TYPE AND SIZE NOTED) DEED RECORDS WALKER COUNTY, TEXAS OFFICIAL PUBLIC RECORDS WALKER COUNTY, TEXAS PLAT RECORDS OF WALKER COUNTY, TEXAS RESIDUE TRACT N;M ROLLING IY /FL HORTGNSL' ROLLING VOL. /49, Imo. 438 DRI3!C.T. FND. 1 /2IR BEARS N8.Ia'SD"E N89 39'W, 0.50' CARRIE ROL LILACS ESTATE, (UNABLE, TO LOCATE DEED) (ESTABLISHED BY CITY. OF HUNTSVILLE CIS' MAPS) 0 15 30 SCALE: 1" = 30' 60.30' Die: Jam ' - -,�3 0 to N 0 Z BOUNDARY LINE AS SHOWN ON SURVEY PREPARED BY JARROD ANTLEY DATED SEPTEMBER 13, 2010. (DASHED LINE) D. 1/2 "IR BEARS 79.41 W, 0.54' fn RESIDUE TRACT N CITY OF HUNTSVILLE "b VOL. 421. Fr. 37 trj FND. 1/27R BEARS s80•2'W, 2.56' FND. 3 /4 "IP N8616'43 "E 66.00' 907 AVENUE P pi ONE -SroaY. MUCK BUILDING LOT 2 BLOCK 66 HUNTSVILLE TOWNSITE CITY OF HUNTSVILLE VOL. 434, %' 76'3 0.R.Rr:C,T. 6' WOOD FENCE ENCROACHES ONTO. SUBJECT TRACT 3X3• _ CONC. STEPS 60 AVENUE 0 (VARIABLE WIDTH) -40END. 1 /21R (BENT) 1(OLD GROUND ROD) FND. 1 -1/41 5863 BOUNDARY LINE AS SHOWN ON SURVEY PREPARED RY JARROD ANTLEY DATED SEPTEMBER 13, 2010. 28 W 126.30 0.5' JASPER BENNETT, JR VOL. 376, PC. 379 D.RWC.T. SURVEYOR'S CERTIFICATE I hereby certify to The City of Huntsville that this survey was mode on the ground and completed on November 26, 2012 thot this drawing correctly represents the facts found of the time of survey and that this professional service substantially conforms to the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1A, Condition II Survey. fr Mort' Chruzzczok R,P.L.S. No. 4968 NOTES: 1. This survey wos prepared without the benefit of a title commitment. END. AXLE 2. Horizontal Control is based on holding City of Huntsville Monuments No. 6542 (grid coordinate of North = 10,259,631.48 & East = 3,796,650.84) and 6787 (grid coordinate of North = 10,260.718.74 84 East= 3,796,609.77). Bearings described ore reloted to the Texas Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet In `Field Horizontal" units and may be converted to GRID" units by multiplying by a combined scale factor of 0.99988. 3. Square footage totals shown hereon ore based on mathematical closures and do not necessarily represent the positional accuracy of the boundary monumentotion. 4. A description of even dote accompanies this plat. 907 AVENUE P 0.2346 ACRE SURVEY OF LOT 2, BLOCK 66 OF THE HUNTSVILLE TOWNSITE SITUATED IN THE THE P. GRAY LEAGUE, A -24 IN WALKER COUNTY, TEXAS 25814 Dudde Rood Spring, Texas 77380 Phone:281- 681 -9766 Fox: 281-681-9779 Drawing By. SMC Dote: 12/05/12 Chocked oy. BW r.e.; N/A Scale: 1"=30' Protect No 12 -249 -030 Drawing Name AVENUE_P,DWG Attae /KN N. N/A METES. AND .BOUNDS DESCRIPTION of .907 Avenue P, Huntsville, Texas. Being a 0.2346 of an acre (10,218 square feet) tract of land located in the Pleasant Gray league, Abstract 24, Walker County, Texas, being a portion of Lot 2, 131ock 66 of the Huntsville 1 ownsite and being all of that certain tract of land 'conveyed to the City of Huntsville, by deed recorded in Volume 434, Page 763 of the Official Public .Records of Walker County, Texas (O.P.R.W.C.T ); said 0.2346 of an acre of land being more particularly described by metes..and bounds as follows: BEGINNING at an axle found in the west Zinc of Avenue O (width varies) and being the northeast corner of that certain tract of land conveyed to Jasper.13ennett, Jr., by deed recorded in Volume 376, Page 379 of the Decd Records of Walker_ County, Texas (D.R.W.C.T.), also being. the southeast corner of the herein described tract; THENCE, South 86 °33'28" West, a distance of 126.30 feet, along the northerly line of said Bennett tract to a set 518 -inch iron rod with "GS" cap set for corner; THENCE, North 02 °13'28" West, a distance of 50.64 feet, to a 5/8 -inch iron rocs with "GS" cap set for corner, being .in the southerly line 'of that certain tract of land conveyed to the Carrie Rollings Estate (no deed of record found), front which a found 1/2 -inch iron rod bears South $0° 22' West, 2.56 feet; THENCE, .North. 86 °16'43" East,.a distance of 66.00 feet, along the southerly line of Rollings Estate tract to a set 5/8 -inch iron .rod with "GS" cap for the southeast corner of said Rollings Estate tract; THENCE, North 02 °14'28" West, a distance of 62.80 feet, along the easterly line. of said Rollings Estate tract to a point for corner in the southerly line of that certain residue 'tract conveyed to M.M. Rollings and wife Hortense Rolling, by deed recorded in Volume 149,. Page 438 of the said .Deed Records, from which a found 1/2 -inch iron rod bears North 8999' West, 0.50 feet; THENCE, North 86 °.15'50" East, a distance of 60.30 feet, along the southerly line of said residue tract to the northwest corner of that certain residue tract conveyed to the City of Huntsville, by deed recorded in Volume 421, Page 37 of said Official Public Records, and from which a found 1/2 -inch iron rod bears•Sonth 79 °41' West, 0.54 feet; THENCE, South 02 °14'28" East, a distance of 1.14.07 feet,. along the southerly line of said City residue tract and Avenue 0 to the Point of Beginning. and containing 0.2346 of an acre (10,218 square feet) tract of land. Horizontal Control is based on holding City of Huntsville Monuments No, 6542 (grid coordinate of North = 10,259,631.48 & East= 3,796,650.84) and 6787 (grid .coordinate of North = 10,260,7.18.74 & East= 3,796,609.77). Bearings described are related to the Texas_ Coordinate System of 1983, Central Zone, Distances shown are US Survey Feet in "Field Horizontal" units and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988. Plat of even date accompanies this description. O 7' t-� a\ 7. o'•c Prepared by: GeoSolutions, LLC 25814.13udde Road Spring, Texas Tel. 281 - 681 -9766 .lob No. 12- 249 -030 FIRST PAGE OF THE CLOSING PACKAGE FOR GENEVA LEIGH LOAN #: 77099991262C 5/20/2013 12:02 PM FINAL TRUTH -IN- LENDING DISCLOSURE STATEMENT LENDER OR LENDER'S AGENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY LOAN NO.: 77099991262C AFFAIRS Type of Loan: Conventional 211 EAST 11TH STREET AUSTIN, TX 78701 BORROWER: GENEVA LEIGH ADDRESS: 907 AVENUE P CITY /STATE /ZIP: HUNTSVILLE, TX 77320 PROPERTY: 907 AVENUE P, HUNTSVILLE, TX 77320 Annual Percentage Rate The cost of your credit as a yearly rate. 0% Finance Charge The dollar amount the credit will cost you. $0.00 Amount Financed The amount of credit provided to you or on your behalf. $5,978.55 Total of Payments The amount you will have paid after you have made all payments as scheduled. $5,978.55 INTEREST RATE AND PAYMENT SUMMARY Rate & Annual Payment Interest Rate 0% Principal + Interest Payment $1,195.71 Est. Taxes + Insurance (Escrow) $0.00 Total Est. Annual Payment $1,195.71 Final Balloon Payment due : DEMAND FEATURE: (2 This loan does not have a Demand Feature. r This loan has a Demand Feature as follows: VARIABLE RATE FEATURE: [. This Loan has a Variable Rate Feature. Variable Rate Disclosures have been provided to you earlier. SECURITY: You are giving a security interest in the property located at: 907 AVENUE P, HUNTSVILLE, TX 77320 FILING / RECORDING FEES: $100.00 (e) ASSUMPTION: Somebody buying this property IX cannot assume the remaining balance due under original mortgage terms r may assume, subject to Lender's conditions, the remaining balance due under original mortgage terms. PROPERTY INSURANCE: Borrower may purchase property hazard insurance from any insurance company acceptable to the lender. Hazard insurance r1 is R is not available through the lender at a cost of for a year term. LATE CHARGES: If your payment is more than 15 days late, you will be charged a late charge of 5% of the overdue payment. PREPAYMENT: If you pa off your loan early, you IT may R will not have to pay a penalty r may PK will not be entitled to a refund of part of the finance charge. You are not required to complete this agreement merely because you have received these disclosures or signed a loan application. There is no guarantee that you will be able to refinance to lower your rate and payments. See your contract documents for any additional information regarding non - payment, default, right to accelerate before scheduled maturity date, pre - payment refunds and penalties, and further information regarding security interests and the policy regarding assumption of the obligation. (e) appearing by a date or figure means it is an estimate. I /We hereby acknowledge reading and receiving a complete copy of this disclosure. GENEVA LEIGH s' 7203 Borrower /Date Borrower /Date Borrower /Date Borrower /Date Borrower /Date TDHCAUSTILFIX2ND Page 1 of 1 Borrower /Date 5/20/2013 12:02 PM FINAL TRUTH -IN- LENDING DISCLOSURE STATEMENT LENDER OR LENDER'S AGENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY LOAN NO.: 77099991262C AFFAIRS Type of Loan: Conventional 211 EAST 11TH STREET AUSTIN, TX 78701 BORROWER: GENEVA LEIGH ADDRESS: 907 AVENUE P CITY /STATE /ZIP: HUNTSVILLE, TX 77320 PROPERTY: 907 AVENUE P, HUNTSVILLE, TX 77320 Annual Percentage Rate The cost of your credit as a yearly rate. 0% Finance Charge The dollar amount the credit will cost you. $0.00 Amount Financed The amount of credit provided to you or on your behalf. $5,978.55 Total of Payments The amount you will have paid after you have made all payments as scheduled. $5,978.55 INTEREST RATE AND PAYMENT SUMMARY Rate & Annual Payment Interest Rate 0% Principal + Interest Payment $1,195.71 Est. Taxes + Insurance (Escrow) $0.00 Total Est. Annual Payment $1,195.71 Final Balloon Payment due : DEMAND FEATURE: IR This loan does not have a Demand Feature. ri This loan has a Demand Feature as follows: VARIABLE RATE FEATURE: r This Loan has a Variable Rate Feature. Variable Rate Disclosures have been provided to you earlier. SECURITY: You are giving a security interest in the property located at: 907 AVENUE P, HUNTSVILLE, TX 77320 FILING / RECORDING FEES: $100.00 (e) ASSUMPTION: Somebody buying this property is cannot assume the remaining balance due under original mortgage terms may assume, subject to Lender's conditions, the remaining balance due under original mortgage terms. PROPERTY INSURANCE: Borrower may purchase property hazard insurance from any insurance company acceptable to the lender. Hazard insurance f is uz is not available through the lender at a cost of for a year term. LATE CHARGES: If your payment is more than 15 days late, you will be charged a late charge of 5% of the overdue payment. PREPAYMENT: If you payoff your loan early, you may M will not have to pay a penalty may 17 will not be entitled to a refund of part of the finance charge. You are not required to complete this agreement merely because you have received these disclosures or signed a loan application. There is no guarantee that you will be able to refinance to lower your rate and payments. See your contract documents for any additional information regarding non - payment, default, right to accelerate before scheduled maturity date, pre - payment refunds and penalties, and further information regarding security interests and the policy regarding assumption of the obligation. (e) appearing by a date or figure means it is an estimate. I /We hereby acknowledge reading and receiving a complete copy of this disclosure. 5_. Ze .(3 Borrower/Date Borrower /Date Borrower /Date Borrower /Date Borrower /Date TDHCAUSTILFIX2ND Page 1 of I Borrower /Date ITEMIZATION OF AMOUNT FINANCED Loan Number: 77099991262C Loan Amount: $5,978.55 Borrower(s): GENEVA LEIGH Property Address: 907 AVENUE P HUNTSVILLE, TX 77320 Borrower(s) Address: 907 AVENUE P HUNTSVILLE, TX 77320 Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 211 EAST 11TH STREET AUSTIN, TX 78701 Itemization of Amount Financed of: Fee Description AMOUNT PAID ON YOUR ACCOUNT /PAID TO OTHERS ON YOUR BEHALF: ITEMIZATION OF PREPAID FINANCE CHARGE: $5,978.55 Amount Total Prepaid Finance Charges 50.00 EVA LEIGH 5-A-13 Date Date Date Date Date Date USITEMAMTHERA Page 1 of 1 ITEMIZATION OF AMOUNT FINANCED Loan Number: 77099991262C Loan Amount: $5,978.55 Borrower(s): GENEVA LEIGH Property Address: 907 AVENUE P HUNTSVILLE, TX 77320 Borrower(s) Address: 907 AVENUE P HUNTSVILLE, TX 77320 Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 211 EAST 11TH STREET AUSTIN, TX 78701 Itemization of Amount Financed of: Fee Description AMOUNT PAID ON YOUR ACCOUNT/PAID TO OTHERS ON YOUR BEHALF: ITEMIZATION OF PREPAID FINANCE CHARGE: $5,978.55 Amount Total Prepaid Finance Charges $0.00 Date Date Date Date Date USITEMAMTHERA Page 1 of 1 AMORTIZATION SCHEDULE Borrower: GENEVA LEIGH Loan No.: 77099991262C Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Payment Date P & I Payment Principal Interest Mortgage Insurance Balance 06/01/2014 $1,195.71 $1,195.71 $4,782.84 06/01/2015 $1,195.71 $1,195.71 $3,587.13 06/01/2016 $1,195.71 $1,195.71 $2,391.42 06/01/2017 $1,195.71 $1,195.71 $1,195.71 06/01/2018 $1,195.71 $1,195.71 $0.00 END OF AMORTIZATION SCHEDULE BMGAMORT Page 1 of 1 DOCUMENT CORRECTION AGREEMENT LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas BORROWER: GENEVA LEIGH PROPERTY: 907 AVENUE P, HUNTSVILLE, TX 77320 DATE: MAY 20, 2013 AGREEMENT TO CORRECT MISSTATED INFORMATION OR PROVIDE ADDITIONAL DOCUMENTATION OR FEES: In consideration of Lender disbursing funds for the closing of the Loan secured by the Property being encumbered, and regardless of the reason for any loss, misplacement, or inaccuracy in any Loan documentation, Borrower(s) agrees as follows: If any document is lost, misplaced, misstated or inaccurately reflects the true and correct terms and conditions of the Loan, upon request of the Lender, Borrower(s) will comply with Lender's request to execute, acknowledge, initial and deliver to Lender any documentation Lender deems necessary to replace or correct the lost, misplaced, misstated or inaccurate document(s). If the original parity lien real estate note is replaced, the Lender hereby indemnifies the Borrower(s) against any loss associated with a demand on the original note. All documents Lender requests of Borrower(s) shall be referred to as "Replacement Documents." Borrower(s) agrees to deliver the Replacement Documents within ten (10) days after receipt by Borrower(s) of a written request for such replacements. Borrower(s) also agrees that upon request Borrower(s) will supply additional amounts and/or pay to Lender any additional sum previously disclosed to Borrower(s) as a cost or fee associated with the Loan, which for whatever reason was not collected at closing. REQUEST BY LENDER: Any request under this Agreement may be made by the Lender, (including assignees and persons acting on behalf of the Lender) or Settlement Agent, and shall be prima facie evidence of the necessity for same. A written statement addressed to Borrower(s) at the address indicated in the Loan documentation shall be considered conclusive evidence of the necessity for Replacement Documents. BORROWER LIABILITY: If Borrower(s) fails or refuses to execute, acknowledge, initial and deliver the Replacement Documents or provide the Additional Documents or fees to Lender more than ten (10) days after being requested to do so by Lender, and understanding that Lender is relying on these representations, Borrower(s) agree(s) to be liable for any and all loss or damage which Lender reasonably sustains thereby, including but not limited to all reasonable attorney's fees and costs incurred by Lender. FAILURE TO DELIVER REPLACEMENT DOCUMENTS CAN CONSTITUTE DEFAULT: Borrower's failure or refusal to comply with the terms of the correction request may constitute a default under the note and/or deed of trust, and may give Lender the option of declaring all sums secured by the loan documents immediately due and payable. This Agreement shall survive the closing of the Loan, and inure to the benefit of Lender's successors and assigns and be binding upon the heirs, devisees, personal representatives, successors and assigns of Borrower(s). BORROWER: TDHCANSPERROR Page I of I MAY 20, 2013 NOTICE OF INVALIDITY OF ORAL AGREEMENTS TO: Borrower and all other Debtors, Contractors and Obligors with respect to the Loan which is identified below. 1. THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 2. As used in this Notice: "Borrower" means the Borrower identified below. "Debtor" and "Obligor" means any entity or individual who (i) is obligated to pay the Note or (ii) otherwise is or becomes obligated to pay the Loan (for example, as cosigner or guarantor) or (iii) has pledged any property as security for the Loan. "Lender" means Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas. "Loan" means the loan by Lender which is to be evidenced by NSP Deferred forgivable Subordinate Lien Note, dated of even date herewith, executed by Borrower, payable to the order of Lender in the original principal face amount of $5,978.55 ( "Note "). "Loan Agreement" means one or more promises, promissory notes, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan. 3. This Notice is given by Lender with respect to the Loan, pursuant to Section 26.02 of the Texas Business and Commerce Code. Each Borrower, Debtor, Contractor and Obligor who signs below acknowledges, represents, and warrants to Lender that Lender has given and such party has received and retained a copy of this Notice on the date stated above. BORROWER: LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Name: Its: Duly authorized representative TDHCANSPNOTICEHBA Page 1 of 1 MAY 20, 2013 NOTICE OF INVALIDITY OF ORAL AGREEMENTS TO: Borrower and all other Debtors, Contractors and Obligors with respect to the Loan which is identified below. 1 THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 2. As used in this Notice: "Borrower" means the Borrower identified below. "Debtor" and "Obligor" means any entity or individual who (i) is obligated to pay the Note or (ii) otherwise is or becomes obligated to pay the Loan (for example, as cosigner or guarantor) or (iii) has pledged any property as security for the Loan. "Lender" means Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas. "Loan" means the loan by Lender which is to be evidenced by NSP Deferred forgivable Subordinate Lien Note, dated of even date herewith, executed by Borrower, payable to the order of Lender in the original principal face amount of $5,978.55 ( "Note "). "Loan Agreement" means one or more promises, promissory notes, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan. 3. This Notice is given by Lender with respect to the Loan, pursuant to Section 26.02 of the Texas Business and Commerce Code. Each Borrower, Debtor, Contractor and Obligor who signs below acknowledges, represents, and warrants to Lender that Lender has given and such party has received and retained a copy of this Notice on the date stated above. BORROWER: GENEVA LEIGH LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Name: Its: Duly authorized representative TDHCANSPNOTICEHB A Page 1 of 1 SERVICING DISCLOSURE STATEMENT Loan Number: 77099991262C Date: MAY 20, 2013 Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 211 EAST 11TH STREET AUSTIN, TX 78701 NOTICE TO FIRST LIEN MORTGAGE LOAN APPLICANTS: THE RIGHT TO COLLECT YOUR MORTGAGE LOAN PAYMENTS MAY BE TRANSFERRED. You are applying for a mortgage loan covered by the Real Estate Settlement Procedures Act (RESPA) (12 U.S.C. 2601 et seq.). RESPA gives you certain rights under FEDERAL law. This statement describes whether the servicing for this loan may be transferred to a different loan servicer. "Servicing" refers to collecting your principal, interest, and escrow payments, if any, as well as sending any monthly or annual statements, tracking account balances, and handling other aspects of your loan. You will be given advance notice before a transfer occurs. Servicing Transfer Information We may assign, sell, or transfer the servicing of your loan while the loan is outstanding. OR We do not service mortgage loans of the type for which you applied. We intend to assign, sell, or transfer the servicing of your mortgage loan before the first payment is due. OR The loan for which you have applied will be serviced at this financial institution and we do not intend to sell, transfer, or assign the servicing of the loan. Flood Insurance Coverage Subject to Change Disclosure: "We may assign, sell, or transfer the servicing of your mortgage loan. Your new lender /servicer may require more flood insurance coverage than the minimum amount that has been identified in your Notice of Special Flood Hazards (NSFH). The new lender /servicer may require coverage in an amount greater than the minimum, and has the right to require flood coverage at least equal to 100% of the insurable value (also known as replacement cost value) of the building(s) used as collateral to secure the loan or the maximum available under the National Flood Insurance Program (NFIP) for the particular type of building. You should review your exposure to flood damage with your insurance provider, as you may wish to increase your coverage above the minimum amount required at the time of closing your loan versus what subsequently the new lender /servicer may require." ACKNOWLEDGMENT OF MORTGAGE APPLICANT I /We have read this disclosure form, and understand its contents, as evidenced by my /our signature(s) below USRESPADISC Page 1 of I Rev. 01 /16/09 LENDER: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS BORROWER(S): GENEVA LEIGH LOAN AMOUNT: $5,978.55 PROPERTY: 907 AVENUE P, HUNTSVILLE, TX 77320 LOAN NO: 77099991262C DATE OF LOAN: MAY 20, 2013 MINERAL RIGHTS ACKNOWLEDGMENT AND AGREEMENT Borrower(s) is executing this Mineral Rights Acknowledgment and Agreement as a material inducement to Lender to make Borrower(s) the above - referenced Loan secured by liens on the above - referenced Property. Borrower(s) understands that the Property may be subject to mineral development rights, the exercise of which could result in a taking or damage to any or all of the Property. Borrower(s) further understands that the party desiring to exercise its mineral development rights may give notice of its intention to exercise such rights and may be liable to Borrower(s) for reimbursement of any taking or any damage to the Property resulting from its exercise of such mineral development rights. Borrower(s) hereby agrees to immediately give written notice to Lender, (1) at the Lender's address as set forth in the Deed of Trust securing the above - referenced Loan, or (2) at such other place as any noteholder of the note may direct Borrower(s) in writing, from time to time, of any action or proposed action to be taken in connection with the development of mineral rights in, on or around the Property. In accordance with the Deed of Trust securing the above - referenced loan, Borrower(s) further agrees that if there is (1) any taking or damage to the Property and (2) if any reimbursement or compensation is paid for such taking or damage, then such reimbursement or compensation shall be used to restore or repair the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the reimbursement or compensation shall be applied to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Further, Borrower(s) agrees that Borrower(s) will neither consent to nor execute any documents to transfer, convey, assign, sell, or lease any mineral development rights on said Property to any person or entity during the term of this Loan, except for documents which include a provision prohibiting mineral development through the surface of the subject property. Borrower(s) agrees to defend, indemnify and hold harmless Lender, its successors or its assigns from any and all loss, damage or expense arising from or related to the Borrower(s) not giving Lender, its successors or its assigns, proper and timely notice of any exercise or threatened exercise of mineral development rights by any person or entity. Borrower(s) hereby acknowledges that Borrower(s) have read this Agreement and fully understand its terms and implications and Borrower(s) is executing it the same day as the herein described Note and Deed of Trust, as a material inducement to Lender and noteholder to make the Loan on this Property. Nothing herein is intended to conflict with any provision of the Note or Deed of Trust, but is to be an amplification thereof. To the best of borrower's knowledge, there is no current surface activity in connection with oil, gas or mineral exploration or production within a distance of 500 feet from any boundary of said Property. Failure to comply with the terms hereof shall constitute a default of this agreement and the Note and Deed of Trust being executed concurrently herewith. EVA LEIGH THE STATE OF TEXAS COUNTY OF WALKER \xxollptTNfp %, This instrument wEas _f ci' c �me on the ,_d. day of J , by • i• L 'a. OF D ." Ife %� •••Xf?`R;;•' • moo,® Notary P .lic /j My Commission Expire : / / ° ° °��i�� i�c ia�ati��Q��\, / J 0 ,1 71/4) / A4,2/✓7� �� 2L f �� Notary's Name ( rinted) BMGMRA Page 1 of 1 Loan Number 77099991262C NAME AFFIDAVIT STATE OF TEXAS COUNTY OF WALKER BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared GENEVA LEIGH (Affiant), a credible person to me well and truly known, who, having been by me first duly and lawfully sworn upon oath deposes and states: The Affiant is one and the same as GENEVA MARIE LEIGH; GENEVA M. LEIGH who is obtaining a loan secured by the property located at 907 AVENUE P HUNTSVILLE, TX 77320 AFTER carefully reading the foregoing affidavit, the Affiant does hereby solemnly swear that the facts set forth herein are true and correct, to witness which Affiant hereunto sets hand and seal this 20TH day of MAY, 2013. GENEVA LEIGH SWORN AND SUBSCRIBED by the .above Affiant before me, the undersigned Notary Public on this day of A.D.. %01111�/" \9 ..an• '74, Jim ▪ • My Commission Expires: /✓ .�/�lRE5.�'� mo`'`w / l ipl, FN�S` "a blic, j LKER County, TEXAS , J 6' 7 (Seal) (Notary's Name: Typed or Printed) ,/jf% !/r0 / ",--e14) USNAMEAFFB1 Page 1 of 1 Release of Lien t�_ t AL n Return to: /F nEP COUNTY TITLE COMPANY 19 UNIVERSITY AVENUE HUNTSVILLE, TEXAS 77340 GF# /add Date: MAY 20, 2013 Holder of Note and Lien: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Holder's Mailing Address: P.O. BOX 13941, AUSTIN, TRAVIS COUNTY, TEXAS 78711 -3941 Note Date: MARCH 28, 2012 Original principal amount: $96,110.70 Borrower: CITY OF HUNTSVILLE Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY20F4IRS ' Maturity date: APRIL 31, 2012 Note and Lien Are Described in the Following Documents: RECORDED IN VOLUME 1018, PAGE 523 OF THE OFFICIAL PUBLIC RECORDS OF WALKER COUNTY, TEXAS. SAID LIEN BEING MODIFIED BY MODIFICATION, RENEWAL AND EXTENSION AGREEMENT RECORDED DECEMBER 17, 2012, AND RECORDED IN VOLUME 1052, PAGE 846, OF THE OFFICIAL PUBLIC RECORDS OF WALKER COUNTY, TEXAS. Property (including any improvements): SEE EXHIBIT A ATTACHED HERETO AND INCORPOATED HEREIN FOR ALL PURPOSES. Holder of Note and Lien is the owner and holder of the Note and Lien described above. For value received, Holder of Note and Lien releases the Property from the Lien. Holder of Note and Lien expressly waives and releases all present and future rights to establish or enforce the Lien as security for payment of any future or other indebtedness. When the context requires, singular nouns and pronouns include the plural. Executed this O day of IN\ , P-0 13 in ( \// s County, Texas. TEXAS DEPA : THE ► OF HOUSING AND COMMUNITY AFFAIRS BY: � gat '� Name: VVt L. 1 -4 OL -C-0 Its: Duly Authorized Representative THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknow ed ed before me on the day of , 20 13, by Par c QyP4 L jt ,I:,t , duly authorized representative of the TEXAS DEPART ENT OF HOUSING AND OMMUNITY AFFAIRS, a public and official agency of the State of Texas, on behalf of said agency. (Seal' "yi;Y �'��4 PEGGY M HENDERSON ° °. NcWy Pablo, 9is. d i� *i i• Notary WNhota Bond My Condon Expires JUNE22,2015 AFTER RECORDING RETURN TO: City of Huntsville 1212 Avenue M Huntsville, Tx. 77340 gain Notary Pub ic, exas tate o METES: AND .BOUNDS DESCRIPTION of 907 Avenue P, Huntsville, Texas Being a 0.2346 of an acre (10,218 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas, being a portion of Lot 2, Block 66 of he ..Hu rtsville:Tawnsite and being all of that certain tract of land conveyed to the City o:f Fluntsville, by deed recorded in Voluine 434, Page 763 of the Official Public Records of Walker County, Texas • (O.P.R.W.C.T); said 0:2346 of an acre of' land being more particularly described by Metes. and bounds as:follows: BEGINNING at an axle found in the west line of Avenue 0 (width varies) and being the northeast corner of that certain tract of land conveyed to Jasper.Bennett,.Jr., by deed . recorded in Volume 376, Page 379 of the Deed Records of Walker County, Texas (D.R. W.C:T.), also being: the southeast corner of the herein described tract; THENCE, South 86 °33'28" West, a distance of 126.30 feet, along the northerly line of said Bennett tract to a set 5/8 -inch iron rod with "GS" cap set for corner; THENCE, North 02 °13'28" West, a distance of 50.64 feet,,to a 5/8 -inch iron rod. with "GS" cap set for corner, being in the southerly line of that certain tract of land conveyed to the Carrie Rollings Estate (no deed of record found), from which a found 1/2 -inch iron rod bears South 80° 22' West, 2.56 feet; THENCE, .North 86°16'43" East, .a distance of 66.00 feet, along the southerly line of. Rollings Estate tract to a set 5/8 -inch iron .rod with "GS" cap for the southeast corner of said Rollings Estate tract; THENCE, North 02 °14'28" West, a distance of 62,80 feet, along the easterly line. of said Rollings Estate tract to a point for corner in the southerly line of that certain residue tract conveyed to M.M. Railings and wife Hortense R.olling, by deed recorded in Voluine 149,. Page 438 of the said .Deed Records, from. Which a found 1/2 -inch iron rod bears North 89 °39' West, 0.50 feet; THENCE, North 86 °15'S0" East, a distance of 60.30 feet, along the southerly line of said residue tract to the northwest corner of that certain residue tract conveyed to the City of Huntsville, by deed recorded in Volume 421, Page 37 of said Official Public Records, and from which a found l/2 -inch iron rod bears South 79 °41' West, 0.54 feet; THENCE, South 02°14'28" East, a distance of 114.07 feet, along the southerly line of said City residue tract and Avenue 0 to the Point of Beginning and containing 0.2346 of an acre (10,218 square feet) tract of land. Horizontal Control is based on. holding City of Huntsville; Monuments No. 6542 (grid coordinate of:.N'orth = 10,259,631,48 & :East= 3,796;650.84) and:6787 (grid :coordinate of North 10,260,718.74 & East= 3,796,609:77). Bearings described are related to the. Texas Coordinate System of 1983, Central Zoue,,'.Distances shown are US Survey Feet in "Field Hor•.izontal "units and may be converted to "GRID" units by multiplying by a cornbined.scale factor of 0.99988. Plat of even date.accoinpa►ues this description, Prepared by: GeoSolutions, LLC 25814 .Budde Road Spring, Texas Tel. 281- 681 -9766 Job No. 12- 249 -030 Jt1i 11 E J! Ji.+ y a p PAGE .. �➢� MARY E. CHRUSZCZAK ..... ...•..f... Y...,,..,,/ \ 4960 sswa:8(r'f r'. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOI.VIAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROl1 4Th INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR C`� g DRIVER'S LICENSE NUMBER.... a o E IX cc t�.11 KNOW ALL MEN BY THESE PRESENTS: GENERAL WARRANTY DEED WITH VENDOR'S LIEN (WITH SUBORDINATE VENDOR'S LIEN) THE STATE OF TEXAS ) COUNTY OF WALKER ) THAT CITY OF HUNTSVILLE, hereinafter called "GRANTOR" (whether one or more), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) cash and other good and valuable consideration to GRANTOR in hand paid by, GENEVA LEIGH, A SINGLE PERSON, whose mailing address is 907 AVENUE P, HUNTSVILLE, TX 77320, hereinafter called "GRANTEE" (whether one or more), the receipt and sufficiency of which are hereby acknowledged, and for the further consideration of the sum paid to GRANTOR by FIRST FINANCIAL BANK, hereinafter called FIRST -LIEN BENEFICIARY, at the special instance and request of GRANTEE, the receipt and sufficiency of which sum, being in the amount of Eighty -Three Thousand Nine Hundred And No /100 Dollars ($83,900.00), is hereby acknowledged and confessed; and as evidence of such advancement, GRANTEE has executed GRANTEE'S note of even date herewith for such amount payable to the order of FIRST -LIEN BENEFICIARY, said note payable as provided therein; and the payment of said note is secured by a vendor's lien reserved herein and is additionally secured by a deed of trust of even date with said note, executed by GRANTEE to ROBERT PATE, TRUSTEE, reference to which deed of trust is hereby made for all purposes; and in consideration of the payment by FIRST -LIEN BENEFICIARY of the sum specified in said deed of trust, GRANTOR hereby transfers, sets over, assigns, and conveys unto FIRST -LIEN BENEFICIARY and its assigns a vendor' s lien and superior title retained and reserved herein against the property and premises conveyed herein in the same manner and to the same extent as if said note had been executed in GRANTOR'S favor and assigned by GRANTOR to FIRST -LIEN BENEFICIARY without recourse; and GRANTOR has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto said GRANTEE, the following described property, to -wit: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES. TO I -IAVE AND TO HOLD the above - described premises, together with, all and singular, the rights and appurtenances thereunto in anywise belonging unto said GRANTEE and GRANTEES heirs and assigns forever. GRANTOR does hereby bind GRANTOR and GRANTORS heirs, executors, and administrators to warrant and forever defend, all and singular, the said premises unto the said GRANTEE and GRANTEE'S heirs and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Taxes of every nature for the current year have been prorated and are assumed by GRANTEE. This conveyance is made subject to, all and singular, the restrictions, mineral reservations, royalties, easements, and covenants, if any, applicable to and enforceable against the above - described property as reflected by the records of the County Clerk of the aforesaid County. GRANTOR and GRANTEE also acknowledge the retention of a second, subordinate and separate vendor's lien, and GRANTOR hereby transfers the same to TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, hereafter called "SECOND -LIEN BENEFICIARY ", which lien secures GRANTEE'S certain other note of even date to SECOND -LIEN BENEFICIARY in the amount of Five Thousand Nine Hundred Seventy -Eight And Fifty- Five /100 Dollars ($5,978.55), being further consideration paid to GRANTOR, as more particularly described in deed of trust of even date herewith to TIMOTHY K. IRVINE, TRUSTEE. But it is expressly agreed and stipulated that the vendor's lien and superior title are retained in favor of the FIRST -LIEN BENEFICIARY and SECOND -LIEN BENEFICIARY, respectively, against the above described property, premises and improvements, until each of the above respective notes is fully paid according to its terms, when this deed shall become absolute. When this deed is executed by more than one person, or when the GRANTOR or GRANTEE is more than one person, the instrument shall read as though pertinent verbs and pronouns were changed to correspond; and when executed by or to a corporation, the words "heirs, executors, and administrators" or "heirs and assigns" shall be construed to mean "successors and assigns." DATED this 20TH day of MAY, 2013. CITY OF HUN VILLE BY: NAME: Mt. TITLE: C i tt 'I Imo. ,. ; f o„ s„. j. „-, ( /� � 4 f b i /r' TDHCA2NDGENWARDEED2NDWCOM Page 1 of 2 THE STATE OF TEXAS COUNTY OF WALKER ) ) This instrument was acknowledged before me on the by . THE STATE OF TEXAS COUNTY OF WALKER ) ) (Acknowledgment) day of My commission expires Notary Public, State of Printed Name: This instrument was acknowledged before me on the by THE STATE OF TEXAS COUNTY OF WALKER ) ) (Acknowledgment) day of My commission expires Notary Public, State of Printed Name: This instrument was acknowledged before me on the by THE STATE OF TEXAS COUNTY OF WALKER ) ) (Acknowledgment) day of My commission expires Notary Public, State of Printed Name: This instrument was acknowledged before me on the by THE STATE OF TEXAS COUNTY OF WALKER (Acknowledgment) day of My commission expires Notary Public, State of Printed Name: This instrument was acknowledged before me on the by `tea c of a C' y ' • .,y ! .PR`( PO4 '9* * • •• 'P�XPIRE?.'� • �� ' 814.20, \�� AFTER RECORDING RETURN Th': GENEVA LEIGH 907 AVENUE P HUNTSVILLE, TX 77320 Re: 907 AVENUE P, HUNTSVILLE, TX 77320 (Corporate/Entity Acknowledgment) ov41 day of 1(a -(/ , on behalf of said My commission expires to blic State of 72. 45 tary ) tinted amen // LeiLL v,,J TDHCA2NDGENWARDEED2NDWCOM Page 2 of 2 METES AND .BOUNDS DESCRIPTION of 907 Avenue P, .Huntsville, Texas Being a 0.2346 of an acre (10,218 square feet) tract of land located in the Pleasant Gray League, Abstract 24, Walker County, Texas, being a portion of.Lot2, Bloch 66 ofthe Huntsville'Townsite and being all of that certain tract of land conveyed to the city of 1- Huntsville, by deed recorded: in Voluine 434, Page 763 of the Official Public Records of Walker County, Texas (O.P.R.W.C.T ); said 0;2346 of an acre of land being more particularly described by tnetes,ancl bounds as:follows: BEGINNING at an axle found in the west line of Avenue 0 (width varies) and being the northeast corner of that certain tract of land conveyed to Ja.sper.Bennett, Jr., by deed recorded ..in Volume 376, Page 379 of the Deed Records of Walker County, Texas (D.R.W.0 :'I'.), also being: the southeast corner of the herein described tract; THENCE, South 86 °33'28" West, a distance of 126.30 feet, along the northerly line of said Bennett tract to a set 5/8 -inch iron rod with "GS" cap set for corner; THENCE, North 02 °13'28" West, a distance of 50,64 feet,,to a 5/8 -inch iron rod with "GS" cap set for corner, being in the southerly line 'adult certain tract: of land conveyed to the Carrie Rollings Estate (no deed of record found), from which a found 1/2 -inch iron rod bears South 80° 22' West, 2.56 feet; TIIENCE, .North 86°16'43" East, .a distance of 66.00 feet, along the southerly line of Rollings Estate tract to a set 5/8 -inch iron rod with "GS" cop for the. southeast corner of said Rollings Estate tract; THENCE, North 02 °14'28" West, a distance of 62.80 feet, along the easterly line of said Railings Estate tract to a point for corner in the southerly line of that certain residue tract conveyed to M.M. Rollings and wife Hortense R.ollinl, by deed recorded in Volume 149, Page 438 of the said Deed Records, from which a found 1/2 -inch iron rod bears North 89 °39' West, 0.50 feet; THENCE, North 86 °15'S0" East, a distance of 60.30 feet, along the southerly line of said residue tract to the northwest corner of that certain residue trnet conveyed to the City of Huntsville, by deed recorded in Volume 421, Page 37 of said Official Public Records, and from which a found 1/2 -inch iron rod bears South 79 °41' West, 0:54 feet; THENCE, South 02 °14'28" East, a distance of 1.1.4.07 feet, along the southerly line of said City residue tract and Avenue 0 to the .Point of Beginning and containing 0.2346 of an acre (10,218 square feet) tract of land. horizontal Control is based on holding City of Huntsville. Monuments No. 6542 (grid coordinate of .North = 10,259,631.48 &:East = 3,796 ;650.84) and:6787 (grid .coordinate of North 10,260,718.74 &. East= 3,796,609:77). Bearings described are related to the Texas. Coordinate System of 1983, Central Zone,.,`.Distances shown are US Survey Feet in: "Field Horizont<a1 "`un.iit.s and may be converted to "GRID units by multiplying by a combined .scalc factor of 0.99988. Plat of even date accompanies this description.; Prepared by: GeoS'olutions, LLC 25814 .Budde Road Spring, Texas Tel, 281 -681. -9766 Jib No. 12 -•249 -030 E X 1L L' is PAGE OF 11 GF #: 2012121287 Closing Date: 5/20/2013 Seller: City of Huntsville Buyer: Geneva Leigh Legal: P. Gray League (0.2346 acres), Abstract #24; Lot 2, Block 66, Huntsville Townsite CLOSER: Judy Thornton WALKER COUNTY TITLE COMPANY 1109 University Avenue Huntsville, Texas 77340 Gentlemen: This is to confirm that Judy Thornton is the closer on the above referenced transaction and that the undersigned were made aware of the fact that said Closer is not an attorney. Said closer did not discuss, nor explain, nor interpret any of the legal documentation for any of the closing. Closer merely presented documentation to the undersigned for all signatures and made no representations to the effect of said legal documentation or other documents used in connection with said closing. Closer made no representation concerning city or governmental zoning or use ordinances, statutes or regulations and made no statements or representation concerning the merchantability of the property or fitness for any contemplated use by the Buyer. Buyer acknowledges Closer did not make any comments, statements, explanations or representations concerning arbitration or any arbitration provisions of the title policy(ies). The Buyer and Seller acknowledge that any survey, Wood Destroying Insect Report (or like report) and /or Property Condition /Inspection Report have been ordered by persons other than Closer or any representative and /or employee of Walker County Title Company and that Closer has made no statements, interpretations and /or representation concerning the survey, Wood Destroying Insect Report (or similar report) and /or Property Condition /Inspection Report furnished for this transaction. SELLERS: ity of tsville By: Matt : enoi , ity Manager PURCHASERS: Geneva Leigh TO BE FILLED IN PERSONALLY BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS AND POSSESSION USE SEPARATE FORM FOR EACH PARTY File Number: 2012121287 SUBJECT PROPERTY: P. Gray League (0.2346 acres), Abstract #24; Lot 2, Block 66, Huntsville Townsite STATE OF Texas COUNTY OF Walker Before me, the undersigned authority on this day personally appeared City of Huntsville Seller or Owner - Borrower* or Contractor (if new construction) personally known to me to be the person whose name is subscribed hereto and upon his oath deposes and says that no proceedings in bankruptcy or receivership have been instituted by or against him and that the marital status of affiant has not changed since the day of acquisition of said property and represents to the purchaser and/or Lender in this transaction that there are: 1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by financing statement, security agreement or otherwise except the following: n Secured Party Approximate Amount 2. No loans or liens (including Fed al or State Liens and Judgment Liens) and no unpaid governmental or association taxes or assessments of any kind on such property except the following: Creditor Approximate Amount 64-s?--/ 3. All labor and material used in the construction of improvements on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money due for the erection of improvements have been fully paid and satisfied. 4. No parties are in possession other than affiant, except as follows: Ci *To be filled in if a sale* — The Seller is not a non - resident alien, foreign corporation, foreign partnership, foreign trust, foreign estate or other foreign entity (as defined in the Internal Revenue Code and Income Tax Regulations). Seller's U.S. employer identification number (or social security number) is: . Seller's address (office address, if seller is an entity; home address if seller is an individual) is: , , . This affidavit may be disclosed to the Internal Revenue Service and is furnished to Buyer to inform Buyer that withholding of tax is not required under Section 1445 of the Internal Revenue Code. INDEMNITY: 1 AGREE TO PAY ON DEMAND TO THE PURCHASERS AND /OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUCH PROPERTY, OR A PART THEREOF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN BY ME, OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. I realize that the purchaser and /or Lender in this transaction are relying on the representations contained herein in purchasing same or lending money thereon and would not purchase same or lend money thereon unless said representations were made. If Seller or Borrower is an entity, I have authority to sign on its behalf. By: Matt Benoit, City Manager �1`�Nfllfiiitl9 // P 1 H9f? 1 Sworn to and subscribed betg lieft ''.day of �� BPS `1', , 8914- 11 t��\\\'^\\ 1 A.D., 2013. Nota T' ublic i 11E: nd for the State of Texas *Note: This form is to be filled in and signed by seller in case of sale. If no sale, it is to be filled in and signed by the owner- borrower. If there is any new construction, the contractor must also join in this form or fill in and sign a separate one. *If seller is a non - resident alien, foreign corporation, etc., call your manager or Legal Department. NOTE TO BUYER: Buyer must retain until end of fifth taxable year following taxable year of transfer and must file with the Internal Revenue Service if required by regulation or otherwise. Revised 9 -92 WAIVER OF INSPECTION AND DISCLOSURE TO OWNER TO: Stewart Title Guaranty Company ( "Title Insurer ") Walker County Title Company ( "The Company ") RE: City of Huntsville to Geneva Leigh File Number: GF 2012121287 Land: P. Gray League (0.2346 acres), Abstract #24; Lot 2, Block 66, Huntsville Townsite 1. Waiver of Inspection You may refuse to accept an exception to the Owner's Policy for "Rights of Parties in Possession." "Rights of Parties in Possession" shall mean one or more persons or entities who are themselves actually physically occupying the property or a portion thereof under a claim or right adverse to the insured owner of the property as shown in Schedule A of the Policy. The Company may require an inspection of the property and an additional charge may be assessed for reasonable and actual costs of such an inspection. The Company may make additional Exceptions for matters the inspection reveals. If you do not delete this paragraph, you consent to this Exception and waive inspection of the land. YOU MAY REFUSE TO ACCEPT THIS EXCEPTION BY MARKING OUT THIS PARAGRAPH 1. 2. Receipt of Commitment You acknowledge having received and reviewed a copy of the Title Commitment issued in connection with this transaction. You understand that your Owner Policy will contain the Exceptions set forth in Schedule B of the Commitment, and any additional Exceptions to title resulting from the documents involved in this transaction, and any additional Exceptions reflected by an exhibit attached hereto. 3. Survey You may request amendment of the "Area and Boundary Exception" to read "Shortages in Area." The Area and Boundary Exceptions is as follows: "Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements." You must furnish a current survey. The survey must be acceptable to the Company. You also must pay an additional premium equal to 15% of the basic premium charge. The Company may make additional exceptions for items shown on the survey. YOU MAY REQUIRE AMENDMENT OF THE AREA AND BOUNDARY EXCEPTION BY MARKING OUT THIS PARAGRAPH 3. AND BY COMPLYING WITH ITS PROVISIONS BEFORE COMPLETION OF THIS CLOSING. 4. Arbitration This paragraph does not apply to the Residential Owner Policy (T -IR). The parties must later agree to arbitrate under the Residential Owner Policy (T -1R). You may require deletion of the arbitration provision of the Owner Policy. If you do not delete this provision, either you or the Company may require arbitration, if the law allows. There is no charge to delete this provision. IF YOUR POLICY IS NOT A TEXAS RESIDENTIAL OWNER POLICY (T -1R), YOU MAY REQUIRE DELETION OF THE ARBITRATION PROVISION BY MARKING OUT THIS PARAGRAPH 4. 5. Notice You may wish to consult an attorney to discuss matters shown in Schedule B or C of the Commitment. These matters will affect your title and use of your land. Your Title Insurance Policy will be a legal contract between you and the Titled Insurer. The Commitment and Policy are not abstracts of title, title reports or representations of title. They are contracts of indemnity. We do not represent that your intended use of the property is allowed under the law or under the restrictions or exceptions affecting your property. Date: May 20, 2013 ure: Geneva Leigh