image19546F1RST�
FINANCIAL
BANK
MEMBER FDIC
PROMISSORY NOTE
Principal
$83,900.00
Loan bate .
05 -20 -2013
Maturity
05-20-2043
.. Loan No
25500009672 ..
coif r ion
Ic2A i 370
Accour " j
LAC0429
,7fficer.
MS
initials
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "` *"" has been omit ed due to text length limitations.
Borrower: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender:
First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
Principal Amount: $83,900.00 Interest Rate: 5.000% Date of Note: May 20, 2013
PROMISE TO PAY. I ( "Borrower ") promise to pay to First Financial Bank, N.A. ( "Lender "), or order, in lawful money of the United States of
America, the principal amount of Eighty-three Thousand Nine Hundred & 001100 Dollars ($83,900.00), together with interest on the unpaid
principal balance from May 20, 2013, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of
5.000% per annum, until maturity. The interest rate may change under the terms and cordtions of the "POST MATURITY RATE' section.
PAYMENT. I will pay this loan In 360 payments of $450.45 each payment. My first payment is due June 20, 2013, and all subsequent
payments are due on the same day of each month after that. My final payment will be due on May 20, 2043, and will be for all principal and all
accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be
applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. 1 will pay Lender
at Lender's address shown above or at such other place as Lender may designate in writing.
MAXIMUM INTEREST RATE. Under no circumstances will the interest rate on this Note exceed the lesser of 18.000% per annum or the
maximum rate allowed by applicable law.
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651365 simple Interest basis; that Is, by applying the ratio of the
interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual
number of days the principal balance is outstanding. All interest payable under this Note is computed using this method.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Prepayment in full shall consist of payment
of the remaining unpaid principal balance together with all accrued and unpaid interest and all other amounts, costs and expenses for which I am
responsible under this Note or any other agreement with Lender pertaining to this loan, and in no event will I ever be required to pay any
unearned interest. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments
under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I
agree not to send Lender payments marked "paid in full ", "without recourse ", or similar language. 111 send such a payment, Lender may accept
it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written
communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes
"payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be
mailed or delivered to: First Financial Bank, N.A., Loan Operations, P.O. Box 701 Abilene, TX 79604 -0701.
LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment.
POST MATURITY RATE. I will continue to pay interest on all sums due after final maturity, whether by acceleration or otherwise, at the note
rate in effect at the time of the final maturity,
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related
documents is false or misleading in any material respect, either now or at the time made or furnished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment
for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the
claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender
with monies or a surety bond satisfactory to Lender to satisfy the claim, then thls default provision will not apply.
Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any reason.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft,
substantial damage or destruction is not covered by insurance.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment is curable, it may be cured if I, after Lender sends written notice to me
demanding cure of such default: (1) cure the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days,
immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and
complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may declare the entire indebtedness, including the unpaid principal balance under this Note, all
PROMISSORY NOTE
Loan No: 25500009672 (Continued) Page 2
accrued unpaid interest, and all other amounts, costs and expenses for which I am responsible under this Note or any other agreement with
Lender pertaining to this loan, immediately due, without notice, and then I will pay that amount. Upon default, after giving any required notice
of default and after my failure to cure the default during any required cure period, Lender may declare due the entire indebtedness, including the
unpaid principal balance, accrued unpaid interest, and all other amounts, costs and expenses for which I am responsible under this Note or any
other agreement with Lender pertaining to this loan and I will then pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire an attorney to help collect this Note if I do not pay, and I will pay Lender's reasonable
attorneys' fees. I also will pay Lender all other amounts Lender actually incurs as court costs, lawful fees for filing, recording, releasing to any
public office any instrument securing this Note; the reasonable cost actually expended for repossessing, storing, preparing for sale, and selling
any security; and fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for this Note, or premiums
or identifiable charges received in connection with the sale of authorized Insurance.
JURY WAIVER. Lender and I hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me
against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the State of Texas without regard to its conflicts of law provisions. This Note has been accepted by Lender In the State of Texas.
DISHONORED CHECK CHARGE. I will pay a processing fee of $25.00 If any check given by me to Lender as a payment on this loan is
dishonored.
RIGHT OF SETOFF. To the extent permitted by applicable law; Lender reserves a right of setoff in all my accounts with Lender (whether
checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future.
However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize
Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts,
and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this
paragraph.
COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Deed of Trust
dated May 20, 2013, to a trustee in favor of Lender on real property located in WALKER County, State of Texas.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and
assigns, and shall Inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. I may notify Lender if Lender reports any
inaccurate information about my account(s) to a consumer reporting agency. My written notice describing the specific inaccuracy(ies) should be
sent to Lender at the following address: First Financial Bank, N.A. 33 State Highway 75 North Huntsville, TX 77320.
GENERAL PROVISIONS. NOTICE: Under no circumstances (and notwithstanding any other provisions of this Note) shall the interest charged,
collected, or contracted for on this Note exceed the maximum rate permitted by law. The term "maximum rate permitted by law" as used in
this Note means the greater of (a) the maximum rate of interest permitted under federal or other law applicable to the Indebtedness evidenced
by this Note, or (b) the higher, as of the date of this Note, of the "Weekly Ceiling" or the "Quarterly Ceiling" as referred to in Sections 303.002,
303.003 and 303.006 of the Texas Finance Code. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. I
do not agree or intend to pay, and Lender does not agree or intend to contract for, charge, collect, take, reserve or receive (collectively referred
to herein as "charge or collect "), any amount in the nature of interest or in the nature of a fee for this loan, which would in any way or event
(including demand, prepayment, or acceleration) cause Lender to charge or collect more for this loan than the maximum Lender would be
permitted to charge or collect by federal law or the law of the State of Texas (as applicable). Any such excess interest or unauthorized fee
shall, instead of anything stated to the contrary, be applied first to reduce the principal balance of this loan, and when the principal has been
paid in full, be refunded to me. The right to accelerate maturity of sums due under this Note does not include the right to accelerate any interest
which has not otherwise accrued on the date of such acceleration, and Lender does not Intend to charge or collect any uneamed interest in the
event of acceleration. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of sums due hereunder shall, to the
extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of the loan evidenced by this Note until
payment in full so that the rate or amount of interest on account of the loan evidenced hereby does not exceed the applicable usury ceiling.
Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs,
guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, notice of dishonor, notice of intent to
accelerate the maturity of this Note, and notice of acceleration of the maturity of this Note, provided, however, that t shall be entitled to any
required notice of default and shall be given all opportunity to cure as required by applicable law. Upon any change in the terms of this Note,
and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or
endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this
loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such
parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification
is made. The obligations under this Note are joint and several. This means that the words "I ", "me", and "my" mean each and all of the
persons signing below.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
BORROWER:
neva Leigh
LASER PRO Lending. ':or. 12 4.10 002 Copt Hariond Financial Solutions, Inc. 1017. 2013. AS R1gNS Reserved, . T% 1. 01FS:CFRLPL1020FC TR.103001 PR.S12
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.
RECORDATION REQUESTED BY:
First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
WHEN RECORDED MAIL TO:
First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
SEND TAX NOTICES TO:
First Financial Bank, N.A.
Loan Operations
P.O. Box 701 "`r
Abilene, TX 79604 -0701 , . ,,S'dJtE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
THIS DEED OF TRUST is dated May 20, 2013, among Genipya Leigh; a + to person ( "Grantor "); First Financial
Bank, N.A., whose address is 33 State Highway 75 North, Huntsville, TX 7320 (referred to below sometimes as
"Beneficiary "); and Fred Wren, whose address is 33 State Highway 75 North, Huntsville, TX 77320 (referred to
below as "Trustee ").
CONVEYANCE AND GRANT, For valuable consideration, Grantor conveys to Trustee in trust, with power of sale, for the benefit of Lender as
Beneficiary, the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and
fixtures; and all easements, rights of way, and appurtenances; all water and water rights; and all other rights, royalties, and profits relating to
the real property, including without limitation such rights as Grantor may have In all minerals, oil, gas, geothermal and similar matters, (the
"Real Property ") located in WALKER County, State of Texas:
See Exhibit "A ", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
forth herein.
The Real Property or its address is commonly known as 907 AVENUE P, HUNTSVILLE, TX 77320 -3822.
Grantor hereby absolutely assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Grantor's right, title, and interest in and to all
present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code
security interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,
IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Grantor shall pay to Lender all amounts secured by this
Deed of Trust as they become due, and shall strictly and In a timely manner perform all of Grantor's obligations under the Note, this Deed of
Trust, and the Related Documents.
VENDOR'S LIEN. The debt evidenced by the Note is in part or total payment of the purchase price of the Property; the debt is secured by both
this Deed of Trust and by a vendor's lien on the Property, which is expressly retained in the deed of the Property to Grantor. This Deed of Trust
does not waive the vendor's lien, and the two liens and the rights created by thls instrument shall be cumulative. Lender may elect to foreclose
under either of the liens without waiving the other or may foreclose under both. The deed wherein the vendor's lien Is retained is incorporated
into this Deed of Trust.
POSSESSION AND MAINTENANCE OF THE PROPERTY, Grantor agrees that Grantor's possession and use of the Property shall be governed by
the following provisions:
Possession and Use, Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of
the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws,
(b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under,
about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any
kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither
Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of
or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance
DEED OF TRUST
Return t®:
WALKER COUNTY TITLE COMPANY
1109 UNIVERSITY AVENUE
HUNTSVILLE, TEXAS 77340
DEED OF TRUST
(Continued) Page 2
with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor
authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem
appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall
be for Lender's purposes only and shall not be construed to create any responsibility or liability an the part of Lender to Grantor or to any
other person. The representations and warranties contained herein are based on Grantor's due diligence in Investigating the Property for
Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless
Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or
suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage,
disposal, release or threatened release occurring prior to Grantors ownership or interest in the Property, whether or not the same was or
should have been known to Grantor. The provisions of this section of the Deed of Trust, induding the obligation to indemnify and defend,
shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other
party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
written consent. This restriction will not apply to rights and easements (such as gas and oil) not owned by Grantor and of which Grantor
has informed Lender in writing prior to Grantor's signing of this Deed of Trust.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to
replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend
to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of
Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest In good faith any such
law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified
Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those
acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of
Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real
Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest In the Real Property; whether legal, beneficial
or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed,
leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in
or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this
option shall not be exercised by Lender if such exercise Is prohibited by federal law or by Texas law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or
for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal
to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided
in this Deed of Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Grantor shall within fifteen (15) days after the lien arises or, if a lien Is filed, within fifteen (15) days after Grantor has notice of the filing,
secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security
satisfactory to Lender in an amount sufficient to discharge the Ilen plus any costs and Lender's reasonable attorneys' fees, or other charges
that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy
any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond
furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or
any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the
work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application
of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance
as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender, with
losses made payable to Lender. GRANTOR MAY FURNISH THE REQUIRED INSURANCE WHETHER THROUGH EXISTING POLICIES
OWNED OR CONTROLLED BY GRANTOR OR THROUGH EQUIVALENT INSURANCE FROM ANY INSURANCE COMPANY AUTHORIZED TO
TRANSACT BUSINESS IN THE STATE OF TEXAS. If Grantor falls to provide any required insurance or fails to continue such insurance in
DEED OF TRUST
(Continued) Page 3
force, Lender may, but shall not be required to, do so at Grantor's expense, and the cost of the insurance will be added to the
Indebtedness. If any such Insurance is procured by Lender, Grantor will be so notified, and Grantor will have the option of furnishing
equivalent insurance through any insurer authorized to transact business in Texas. Grantor, upon request of Lender, will deliver to Lender
from time to time the policies or certificates of insurance In form satisfactory to Lender, including stipulations that coverages will not be
cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an
endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any
other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as
a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance
of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance
Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if
Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security Is Impaired, Lender may, at Lender's
election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien
affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor
shall repair or replace the damaged or destroyed improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of
such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor is not in default
under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not
committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then
to pay accrued interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any
proceeds after payment in hill of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
TAX AND INSURANCE RESERVES. For the purpose of creating a fund for the payment of taxes and insurance premiums on the Property,
Grantor covenants and agrees to deposit monthly, or at such other interval as payments under the Note may be due, with Lender, in addition to
the initial deposit to such fund, on the payment dates specified in the Note, a sum equivalent to one - twelfth (1/12), or equivalent fraction if
payments are not monthly, of the estimated annual taxes and insurance premiums on the Property, such estimates to be made by Lender. Such
periodic deposits shall be in addition to the payments called for in the Note, and Lender shall hold the deposits in trust, without bond and
without the accrual of interest thereon, to pay such taxes and insurance premiums as they become due. Subject to any limitations set by
applicable law, should the deposits at any time be insufficient to pay any taxes or insurance premiums when due, Grantor agrees to deposit the
deficiency with Lender as required by Lender. If Lender discovers that the deposits have produced a surplus beyond the annual amounts due to
be paid from the reserve funds by more than the cushion permitted by applicable law, but a payment on the Note has not been received within
30 days of the payment due date, Lender may retain the excess funds. All amounts in the fund are hereby pledged to further secure the
Indebtedness, and Lender is hereby authorized to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of
Default. Grantor covenants and agrees that any failure to make the deposits provided for in this paragraph shall constitute an Event of Default
as provided below.
LENDER'S EXPENDITURES. if Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims,
(B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or
proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not
required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses paid by Lender for such purposes
will then bear interest at the Note rate from the date paid by Lender to the date of repayment by Grantor. To the extent permitted by applicable
law, all such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the
balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any
applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the
Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be In addition to
any other rights or any remedies to which Lender may be entitled on account of any default, Any such action by Lender shall not be construed
as curing the default so as to bar Lender from any remedy that it otherwise would have had.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens
and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion
issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority
to execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against
the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of
Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in
such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of
Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to
time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust shall survive the execution and
delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's
Indebtedness Is paid in full.
CONDEMNATION, JUDGMENTS AND AWARDS. The following provisions relating to condemnation proceedings, judgments, decrees and
awards for Injury to the Property are a part of this Deed of Trust:
Proceedings. If any proceeding in condemnation Is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take
such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor
will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to
permit such participation.
Application of Net Proceeds. To the extent permitted by applicable law, all judgments, decrees and awards for Injury or damage to the
Property, or any part of the Property, and awards pursuant to proceedings for condemnation of the Property, are hereby absolutely assigned
DEED OF TRUST
(Continued) Page 4
to Lender, and if all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of
condemnation. Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or
the repair or restoration of the Property. The net proceeds of the award, judgment or decree shall mean the award after payment of all
reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender In connection with the condemnation.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part
of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's
security interest In the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time
and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing
statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor
shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not
affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three
(3) days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest
granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
Deed of Trust.
FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this
Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to
be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and
security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by
Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses
incurred in connection with the matters referred to in this paragraph.
Attorney -In -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attomey -in -fact for the
purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sole
opinion, to accomplish the matters referred to In the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under
this Deed of Trust, Lender shall execute and deliver to Grantor a release of this Deed of Trust lien and suitable statements of termination of any
financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property. However, it is agreed that the payment .
of all the Indebtedness and performance of such obligations shall not terminate this Deed of Trust unless the liens and Interests created hereby
are released by Lender by a proper recordable instrument. Any filing fees required by law shall be paid by Grantor, if permitted by applicable
law.
EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Deed of Trust if any of the following happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner
provided in this Deed of Trust or in any agreement related to this Deed of Trust.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or In
any of the Related Documents.
Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or Insurance,
or any other payment necessary to prevent filing of or to effect discharge of any Ilen.
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust
or the Related Documents is false or misleading In any material respect, either now or at the time made or furnished.
Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (Including failure of
any collateral document to create a valid and perfected security interest or Ilen) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which
Lender has a Ilen. This includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, if Grantor disputes In
good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Grantor gives Lender written notice
of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will
not apply.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not
remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or
disputes the validity of, or liability under, any Guaranty of the Indebtedness.
DEED OF TRUST
(Continued) Page 5
Right to Cure. If any default, other than a default in payment is curable, it may be cured if Grantor, after Lender sends written notice to
Grantor demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20)
days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may
exercise any one or more of the following rights and remedies:
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by
Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of
Grantor's obligations under this Deed of Trust, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to
declare Grantor in default and to exercise Lender's remedies.
Accelerate Indebtedness, Lender may declare the unpaid principal balance of the Indebtedness due and payable. In no event will Grantor
be required to pay any unearned interest.
Foreclosure. If Lender invokes the power of sale, Trustee, at the request of Lender, may sell at or any portion of the Property at public
auction to the highest bidder for cash at the location within the courthouse designated by the County Commissioners Court, or if no such
area has been designated, at the area designated in the notice of sale within the coUrthouse, between the hours of 10:00 A.M. and 4:00
P.M. on the first Tuesday of any month, after the Trustee or its agent has given notice of the time and place of sale and of the property to
be sold as required by the Texas Property Code, as then amended.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. As additional security for the payment of the Indebtedness, Grantor hereby assigns to Lender all Rents as defined In the
Definitions section of this Deed of Trust. Lender shall have the right at any time, and even though no Event of Default shall have occurred
under this Deed of Trust, to collect and receive the Rents. Lender shall provide any notice required by applicable law with regard to such
enforcement of its right to collect and receive the Rents. In addition, if the Property is vacant, Lender may rent or lease the Property.
Lender shall not be liable for its failure to rent the Property, to collect any Rents, or to exercise diligence in any matter relating to the Rents;
Lender shall be accountable only for Rents actually received. Lender neither has nor assumes any obligation as lessor or landlord with
respect to any occupant of the Property. Rents so received shall be applied by Lender first to the remaining unpaid balance of the
Indebtedness, in such order or manner as Lender shall elect, and the residue, if any, shall be paid to the person or persons legally entitled to
the residue.
Trustee's Powers. Grantor hereby jointly and severally authorizes and empowers Trustee to sell all or any portion of the Property together
or in lots or parcels, as Trustee may deem expedient, and to execute and deliver to the purchaser or purchasers of such Property good and
sufficient deeds of conveyance of fee simple title, or of lesser estates, and bills of sale and assignments, with covenants of general
warranty made on Grantor's behalf. In no event shall Trustee be required to exhibit, present or display at any such sale any of the Property
to be sold at such sale. The Trustee making such sale shall receive the proceeds of the sale and shall apply the same as provided below.
Payment of the purchase price to Trustee shall satisfy the liability of the purchaser at any such sale of the Property, and such person shall
not be bound to look after the application of the proceeds.
Appoint Receiver, Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without
bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property
exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, (2) vacate the
Property Immediately upon the demand of Lender, or (3) if such tenants refuse to surrender possession of the Property upon demand, the
purchaser shall be entitled to institute and maintain the statutory action of forcible entry and detainer and procure a writ of possession
thereunder, and Grantor expressly waives all damages sustained by reason thereof.
Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in
equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled.
In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one
sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Trustee may convey all or
any part of the Property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other
exceptions to conveyance and warranty. Grantor waives all requirements of appraisement, if any. The affidavit of any person having
knowledge of the facts to the effect that proper notice as required by the Texas Property Code was given shall be prima facie evidence of
the fact that such notice was In fact given. Recitals and statements of fact in any notice or in any conveyance to the purchaser or
purchasers of the Property in any foreclosure sale under this Deed of Trust shall be prima facie evidence of the truth of such facts, and all
prerequisites and requirements necessary to the validity of any such sale shall be presumed to have been performed. Any sale under the
powers granted by this Deed of Trust shall be a perpetual bar against Grantor, Grantor's heirs, successors, assigns and legal
representatives.
Proceeds. Trustee shall pay the proceeds of any sale of the Property (a) first, to the expenses of foreclosure, including reasonable fees or
charges paid to the Trustee, including but not limited to fees for enforcing the lien, posting for sale, selling, or releasing the Property, (b)
then to Lender the full amount of the Indebtedness, (c) then to any amount required by law to be paid before payment to Grantor, and (d)
the balance, if any, to Grantor.
Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled
to recover such sum as the court may adjudge reasonable as Lender's attorneys' fees at trial and upon any appeal. Whether or not any
court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
necessary at any time for the protection of Its interest or the enforcement of its rights shall become a part of the Indebtedness payable on
demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
DEED OF TRUST
(Continued) Page 6
without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses,
whether or not there is a lawsuit, Including Lenders reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts
to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of searching
records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. In
the event of foreclosure of this Deed of Trust, Lender shall be entitled to recover from Grantor Lenders reasonable attomeys' fees and
actual disbursements that Lender necessarily incurs in pursuing such foreclosure.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the
Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction
on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this
Deed of Trust.
Obligations to Notify. Trustee shall not be obligated to notify any other lienholder of the Property of the commencement of a foreclosure
proceeding or of the commencement of any other action to which Lender may avail itself as a remedy, except to the extent required by
applicable law or by written agreement.
Trustee. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the
right to foreclose by notice and sale, and Lender will have the right to foreclose by Judicial foreclosure, in either case in accordance with
and to the full extent provided by applicable law.
Substitute Trustee. Lender, at Lender's option, from time to time, and more than once, may appoint in writing a successor or substitute
trustee, with or without cause, including the resignation, absence, death, inability, refusal or failure to act of the Trustee. The successor or
substitute trustee may be appointed without ever requiring the resignation of the former trustee and without any formality except for the
execution and acknowledgment of the appointment by the beneficiary of this Deed of Trust. The successor or substitute trustee shall then
succeed to all rights, obligations, and duties of the Trustee. This appointment may be made on Lender's behalf by the President, any Vice
President, Secretary, or Cashier of Lender.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale
shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by
law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class,
certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any person may change
his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the
purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's
current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is
deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. What is written In this Deed of Trust and in the Related Documents is Grantors entire agreement with Lender concerning
the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must
be signed by whoever will be bound or obligated by the change or amendment.
Caption Headings. Caption headings in thls Deed of Trust are for convenience purposes only and are not to be used to interpret or define
the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate In the Property at
any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law,
the laws of the State of Texas without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the
State of Texas.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so In
writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree
in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Deed of
Trust. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's
consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's
requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand
for payment, protest, notice of dishonor, notice of Intent to accelerate, and notice of acceleration,
Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean
that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of
Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be
binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested In a person
other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the
Indebtedness.
Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by
any party against any other party.
DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
Beneficiary. The word "Beneficiary" means First Financial Bank, N.A., and its successors and assigns.
DEED OF TRUST
(Continued) Page 7
Borrower. The word "Borrower" means Geneva Leigh and includes all co- signers and co- makers signing the Note and all their successors
and assigns.
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all
assignment and security interest provisions relating to the Personal Property and Rents.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ( "CERCLA "), the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C, Section 1801, et seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default
section of this Deed of Trust.
Grantor. The word "Grantor" means Geneva Leigh.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when
Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous
Substances" are used In their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also Includes, without limitation, petroleum
and petroleum by- products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or
Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee
or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of
Trust.
Lender. The word "Lender" means First Financial Bank, N.A., its successors and assigns. The words "successors or assigns" mean any
person or company that acquires any interest In the Note.
Note. The word "Note" means the promissory note dated May 20, 2013, in the original principal amount of $83,900.00 from
Grantor to Lender, together with all renewals of, extensions of, modifications of refinancings of, consolidations of, and substitutions for
the promissory note or agreement. The maturity date of the Note is May 20, 2043.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, Interests and rights, as further described in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments,
agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness..
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from
the Property. The word "Rents" shall also mean all "Rents" as defined in Chapter 64 of the Texas Property Code.
Trustee. The word "Trustee" means Fred Wren, whose address is 33 State Highway 75 North, Huntsville, TX 77320 and any substitute
or successor trustees.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS.
GRA TOR:
X
Geneva Leigh
DEED OF TRUST
(Continued)
Page 8
STATE OF
INDIVIDUAL ACKNOWLEDGMENT
COUNTY OF
SS
� 2V
This instrument was acknowledged before me o\\\% HOgf���b,
``�yP........ NTDir
�.JO.,< \'1g/•.ti�s
�;'�� iC ;
s • '%;, •.EXPIRE;••• • .4.'`
20 '—' by Geneva Leigh, a single person.
Not
a e ofTexas
LASER PRO Lending, Ver. 12.4.10.003 '�ggr.8-1NattlifUlnancial Solutions, Inc. 1997, 2013. All Rights Reserved. - TX
NONFOINOPL1G01.FC TR- 183941 PR-512
METES: AND .BOUNDS DESCRIPTION of
907 Avenue P, hunt ;sville, 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 the ;Huntsville: Townsite
and being all of that certain tract of land conveyed to the City ofTluntsville, 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 line of Avenue 0 (width varies) and being the
northeast corner of that certain tract of land conveyed to Jaspei•.Bennett,.Jr„ by deed reeorded..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, n distance of 126.30 feet, along the. northerly line of said
Bennett tract to .a set 5/8 -inch iron roc] with "GS" cap set for corner;
THENC.E, 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 funnel 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 -in6 iron rod with "GS" cap for the Southeast corner of said Railings
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 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 89 °39' West,
0.50 feet;
TITENCE, North 86 °1.5'50" 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 saki 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 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 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 LIS 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. ' !"
6 Q-4 - �FO9il�c
Prepared by:
GeoSolutions, LLC
25814 .Buckle Road
Spring, Texas
Tel. 281 -681 -9766
Job No. 12 -249 -030
PAGE .1 OF _i'
MARY E. CHRUSZC71iI<
,496f3
D "RVE�.
FORST
FINANCIAL
BANK
MEMBER FDIC
DISCLOSURE STATEMENT
Principal
583,900.00
Loan state
05`- 20- 2011
Maturity
:.0:5 -40 -2043
Loan No
25500009672
Calls Goli
1G2A / 370
AcoU nt
LAC0429
Officer
cer
LRS
initlats.
References in the boxes above are or Lender's use only and do not limit the applicability of thls document to any particular loan or item.
Any item above containing " "*" has been omit ed due to text length limitations.
Borrower: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender:
References to "1 ", "me ", "my" or "you" in this Disclosure Statement refer to Borrower,
First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
INTEREST RATE AND PAYMENT SUMMARY
ANNUAL PERCENTAGE
FINANCE CHARGE
Amount Financed
Total of Payments
$ 450.45
RATE
The dollar amount the credit
The amount of credit
The amount I will have paid
The cost of my credit as a
will cost me.
provided to me or on my
after I have made all
yearly rate.
behalf.
payments as scheduled.
5.001 %
$78,262.00
$83,900.00
$162,162.00
INTEREST RATE AND PAYMENT SUMMARY
PROPERTY INSURANCE. I may obtain property Insurance from anyone I want that is acceptable to Lender.
SECURITY. I am giving a security interest in the goods or property being purchased. In addition, Lender has also reserved a contractual right of
setoff in my deposit accounts.
LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment
ASSUMPTION. Someone buying my home cannot assume the remainder of the obligation on the original terms.
PREPAYMENT. If I pay off early, 1 will not have to pay a penalty.
I will look at my contract documents for any additional information about nonpayment, default, any required repayment in full before the
scheduled date, and prepayment refunds.
There is no guarantee that I will be able to refinance to lower my rate and payments.
You are not required to complete this agreement merely because you have received these disclosures or signed a loan application.
I read and was given a completed copy of this Disclosure Statement on May 20, 2013, prior to signing the Note.
Rate & Monthly Payment
Interest Rate
5.000 %
Principal + Interest Payment
$ 450.45
Est. Taxes +Insurance (Escrow)
$ 240.81
Total Est. Monthly Payment
$ 691.26
PROPERTY INSURANCE. I may obtain property Insurance from anyone I want that is acceptable to Lender.
SECURITY. I am giving a security interest in the goods or property being purchased. In addition, Lender has also reserved a contractual right of
setoff in my deposit accounts.
LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment
ASSUMPTION. Someone buying my home cannot assume the remainder of the obligation on the original terms.
PREPAYMENT. If I pay off early, 1 will not have to pay a penalty.
I will look at my contract documents for any additional information about nonpayment, default, any required repayment in full before the
scheduled date, and prepayment refunds.
There is no guarantee that I will be able to refinance to lower my rate and payments.
You are not required to complete this agreement merely because you have received these disclosures or signed a loan application.
I read and was given a completed copy of this Disclosure Statement on May 20, 2013, prior to signing the Note.
Loan No: 25500009672
DISCLOSURE STATEMENT
(Continued) Page 2
Amount Financed Itemization
Amount paid to others on my behalf: $83,900.00
$83,900.00 to Walker County Title Company
Note Principal:
Prepaid Finance Charges:
Amount Financed:
$83,900.00
$0.00
$83,900.00
Other Charges Paid in Cash: $2,330.00
$17.00 Rood Certification to American Flood Research, Inc.
$300.00 Settlement or Closing Fee to Walker County Title
Company
$795.00 Owner's Title Insurance to Walker County Title
Company
$200.00 Lender's Title Insurance to Walker County Title
Company
$6.00 Guaranty Fee to Walker County Title Company
$674.00 Homeowner's Insurance Premium to Hochheim Prairie
Casualty Ins. Co,
$112.00 Recording Fees to Walker County Clerk
$105.00 2nd Lien MTP 4- Endorsements to Walker County Title
Company
$65.00 Delivery/Wire Fee to Walker County Title Company
$56.00 UCC Recording fee to Walker County Clerk
LASER 000 Lending, O'er. 12410003 Copt. Kmland Finonr. lai Soloeons. Inc. 1001. 2013 All Rights Rperrlw. . T% L WPSICFN.P1.11110. FC TR- 125241 PA.i12
FIRST
FINANCIAL
BANK
MEMBER FDIC
NEGATIVE INFORMATION DISCLOSURE
Pr1nc#pai
$83,.900 »00
oan Date
05-20-2013
Maturity
05-20-2043
Goan No
;25500009672
cat! i Cotl
Ic2A 1:370
Account
LAC0429
Officer
LRS
Initials
References in the boxes above are or Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing '*"" has been omitted due to text length limitations.
Borrower: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender:
First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
We may report information about your account to credit bureaus. Late payments, missed payments, or other
defaults on your account may be reflected in your credit report.
I read and understood this Negative Information Disclosure on May 20, 2013.
BORROWER:
X
ene a LeL
9
LASER PRO Lending, Y.A. 12 A 15 001 Cape RaNnd Financial Solutions, Inc 1997, 2517 All RiphN Removed. • TX 1. -- .HF2'GF49,PL925FC TR- 1112941 09.512
FORST
FINANCIAL
BANK
MEMBER FDIC
NOTICE OF PENALTIES FOR MAKING FALSE OR MISLEADING WRITTEN
STATEMENT
Principal
$83,900.00
Loan Date
05 -20 -2013
Maturity
05,20-2043
Loan No
25500009672 -
caii / coil
1e2A / 370
Account
LAC0429
Officer
Lim
Initials
References in the boxes above are or Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing '''''""' has been omitted due to text length limitations.
Applicant: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender: First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
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, of the Texas Penal Code, and, depending on the amount of the
loan or value of the property, is punishable b imprisonment for a term of 2 years
to 99 years and a fine not to exceed $10,00
Uwe, the undersigned home loan applicant(s), represent that I /we have received,
read, and understand this notice of penalties for making a materially false or
misleading written statement to obtain a home loan.
Uwe represent that all statements and representations contained in my /our written
home loan application, including statements or representations regarding my/our
identity, employment annual income, and intent to occupy the residential- real
property secured by the home loan, are true and correct as of the date of loan
closing.
APPLICANT:
STATE OF
COUNTY OF
4-e4f6L-))
c%ctie,
INDIVIDUAL ACKNOWLEDGMENT
`,.,%:i ON
Before me, the undersigned notary on xhe 4 day al a. , 20F personally appeared Geneva Leigh, a person(s) whose
identity is known to me. After I a&nirvstereN-7.4"'th to :hiraIher /them a /she /they said e /they read the above notice and that the facts
stated therein are within his / her /the$ peSsorg,aL -• ledge pndEare true a d correct.
5
% Tlk OF 1"e e°
'ice ••;'XPIRE`;.•'� ..-
/ %,, 8-/.71 i111i11Ne�k...a°'
SS
)
Nota Public in F• nd for the State of Texas
USER PRO Lending. a. 12.4 10 000 COO lladann F?n. cW S.1o90ns. lnc 1897. 2019 M MOW R..er.e0 • TX L WF S•CFPLPLY181 FC TR.183441 PF 912
FORST
FINANCIAL
BANK
MEMBER FDIC
INITIAL ESCROW ACCOUNT DISCLOSURE STATEMENT
Principal
$03;900.00'
Loan Date
G5 -20 =2013
Maturity
;05 -20 -2043:
' •Loan No
25500009672
cant i con
1G2A 1 370
Account
LAC0429
Officer
LRS
initials -
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan o item.
Any item above containing """'"' has been omitted due to text length limitations.
Borrower: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender: First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
Servicer: First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320 Collect or Toll Free Phone: (936) 295 -2224
THIS IS AN ESTIMATE OF ACTIVITY IN YOUR ESCROW ACCOUNT DURING THE COMING YEAR BASED ON PAYMENTS ANTICIPATED TO BE
MADE FROM YOUR ACCOUNT.
Starting Balance $1,011.61
Month
Payments to
Escrow Account
Payments from
Escrow Account
Description
Escrow Account
Balance
June
240.81
1,252.42
July
240.81
1,493.23
August
240.81
1,734.04
September
240.81
1,974.85
October
240.81
2,215.66
November
240.81
2,456.47
December
240.81
2,215.67
Property Taxes
481.61
January
240.81
722.42
February
240.81
963.23
March
240.81
1,204.04
April
240.81
1,444.85
May
240.81
674.00
Homeowner's Insurance
1,011.66
PLEASE KEEP THIS STATEMENT FOR COMPARISON WITH THE ACTUAL ACTIVITY IN YOUR ACCOUNT AT THE END OF THE ESCROW
ACCOUNTING COMPUTATION YEAR.)
Cushion selected by servicer: $481.61
YOUR MONTHLY MORTGAGE PAYMENT FOR THE COMING YEAR WILL BE $691.26; OF WHICH $450.45 WILL BE FOR PRINCIPAL AND
INTEREST, $240.81 WILL GO INTO YOUR ESCROW ACCOUNT, AND $0.00 WILL BE FOR DISCRETIONARY ITEMS (SUCH AS LIFE
INSURANCE, DISABILITY INSURANCE) THAT YOU MAY CHOOSE TO BE INCLUDED WITH YOUR MONTHLY PAYMENT.
BORROWER ACKNOWLEDGMENT
I acknowledge receipt of this Initial Escrow Account Disclosure Statement.
BORROWER:
S- 3
Ill /I 0
ene a Leig- Date
tASER PROlend,.0. Vtiti 12 4 10.003 Cop, Harland Financial Solutions. Inc 1931. 2013 Ai Rg01i Ritter, - 7% l'3HFS1CFOLPIlESCRO:Y.FC 7R- 163941 P11-612
HOLD HARMLESS AGREEMENT
Principal
$83.;.900.00 ,
Loan Date
05 -20 -2013
Maturity
05-20-2043
Loan No
'25500009672.
can i con
ICZA 137{f
Account
LAC0429
Officer
, IRS
tnitiais
References in the boxes above are or Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing i1 * " "" has been omitted due to text length limitations.
Borrower: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender: First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
HOLD HARMLESS AGREEMENT
LENDER: First Financial Bank, N.A.
GRANTOR(S): Geneva Leigh
LOAN AMOUNT: $83,900.00
PROPERTY ADDRESS: 907 Avenue P, Huntsville, TX 77320
The undersigned Grantor(s) have instructed Lender to NOT obtain a survey of the above referenced real property in connection with this loan.
The undersigned accept full responsibility for not obtaining the survey and will hold Lender harmless from any loss and /or damages that may be
incurred as a result of our action.
THE STATE OF TEXAS
COUNTY OF Walker
Before me, the undersigned authority, on this day personally appeared Geneva Leigh kpown to me to be the person(s) whose name(s)
is /are subscribed to the foregoing instrument, and acknowledged to me that they exec, biAblfor the purposes and considerations therein
Given under my hand and seal of office this day of Zeq ".9**\111:4
expressed.
`l
and for the State of Texas
•. es` OF Tt so,
6
�8 x4.2014 "11i11I111 ••
9
1N0
LASER PRO Landing, `:.r. 12,4.10.00% Cope Harland Financial SoD Dona. Inc. 1007, 2013 AO Rights Reur:ad. . T% L :RFS1CFOLPL3G80.FC TR•183001 FR -012
ERRORS AND OMISSIONS
Principal
$83 900.00
Loan Date
05 -20- 2013
Maturity
05-20-2043
Loan No
25500009672
can con
lc2A 1 370.
Aeeoun#
LACG429
fifFic�r .
LRS
inlfa #s
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing """' has been omit ed due to text length limitations.
Borrower: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender: First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
ERRORS AND OMISSIONS LETTER
LENDER: First Financial Bank, N.A.
GRANTOR(S): Geneva Leigh
LOAN AMOUNT: $83,900.00
PROPERTY ADDRESS: 907 Avenue P, Huntsville, TX 77320
The undersigned Grantor(s) for and in consideration of the above referenced Lender funding the closing of this loan agrees, if requested by
Lender or Closing Agent for Lender, to fully cooperate and adjust for any clerical errors, misstatement of terms and provisions, or other
inaccuracies, in any or all of the closing documentation if deemed necessary or desirable in the reasonable discretion of the Lender.
Grantor(s) failure to initial or execute such documents as requested shall constitute a default under the Note evidencing and Deed of Trust
securing the Loan.
Please evidence your acknowledgment to the above by your execution of this instrument in the space provided below.
LASER PRO LMJmg, Ya, 17 A 10 00: Coq. 1I.I n4 Fsaneul SoW9oos, Inc 1047,'.017. All RIO Is Rreo.n J. • TX L'WFSGFALPL‘i,u FC TR- 18!931 PR :12
AGREEMENT TO PROVIDE INSURANCE
Principal
$83 :900.00
Loan Date
05-20-2913
Maturity
05.20 -2043
Loan No ''
25500009672
Call / Con
1C2A / :370
Account
LAC0429
Officer
LRS
initiats
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan o item.
Any item above containing **"" has been omitted due to text length limitations.
Grantor: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender: First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
INSURANCE REQUIREMENTS. I, Geneva Leigh ( "Grantor "), understand that insurance coverage is required in connection with the extending of
a loan or the providing of other financial accommodations to me by Lender. These requirements are set forth in the security documents for the
loan. The following minimum insurance coverages must be provided on the following described collateral (the "Collateral "):
Collateral: 907 AVENUE P, HUNTSVILLE, TX 77320 -3822.
Type: Fire and extended coverage.
Amount: Full Insurable Value.
Basis: Replacement value.
Endorsements: Standard mortgagee's clause with stipulation that coverage will not be cancelled or diminished without a
minimum of 10 days prior written notice to Lender, and without disclaimer of the Insurer's liability for failure to give such
notice.
Latest Delivery Date: By the loan closing date.
INSURANCE COMPANY. I may obtain insurance from any insurance company I may choose that is reasonably acceptable to Lender. I
understand that credit may not be denied solely because insurance was not purchased through Lender.
FLOOD INSURANCE. Flood Insurance for the Collateral securing this loan is described as follows:
Real Estate at 907 AVENUE P, HUNTSVILLE, TX 77320 -3822.
Should the Collateral at any time be deemed to be located in an area designated by the Director of the Federal Emergency Management
Agency as a special flood hazard area. I agree to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal
balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood
Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may be
purchased under the National Flood Insurance Program or from private insurers.
INSURANCE MAILING ADDRESS. All documents and other materials relating to insurance for this loan should be mailed, delivered or directed to
the following address:
First Financial Bank, N.A.
Credit Department
P.O. Box 701
Abilene, TX 79604 -0701
FAILURE TO PROVIDE INSURANCE. I agree to deliver to Lender, on the latest delivery date stated above, evidence of the required insurance as
provided above, with an effective date of May 20, 2013, or earlier. I acknowledge and agree that if I fall to provide any required insurance or
fail to continue such insurance in force, Lender may do so at my expense as provided in the applicable security document. The cost of any such
insurance, at the option of Lender, shall be added to the indebtedness as provided in the security document. I ACKNOWLEDGE THAT IF
LENDER SO PURCHASES ANY SUCH INSURANCE, THE INSURANCE WILL PROVIDE LIMITED PROTECTION AGAINST PHYSICAL DAMAGE TO
THE COLLATERAL, UP TO AN AMOUNT EQUAL TO THE LESSER OF (1) THE UNPAID BALANCE OF THE DEBT, EXCLUDING ANY UNEARNED
FINANCE CHARGES, OR (2) THE VALUE OF THE COLLATERAL; HOWEVER, MY EQUITY IN THE COLLATERAL MAY NOT BE INSURED. IN
ADDITION, THE INSURANCE MAY NOT PROVIDE ANY PUBLIC LIABILITY OR PROPERTY DAMAGE INDEMNIFICATION AND MAY NOT MEET
THE REQUIREMENTS OF ANY FINANCIAL RESPONSIBILITY LAWS.
If such insurance purchased by Lender is procured at a rate or charge not fixed or approved by the State Board of Insurance, I will be so notified,
and I may at any time cause the cancellation of collateral protection insurance by providing proper evidence to Lender that I have obtained
insurance as required by the security document.
Texas Creditor - Placed Insurance Notice: Grantor is required to keep the Collateral insured against damage in the amount specified by Lender.
Grantor will purchase the insurance from an insurer that is authorized to do business in Texas or an eligible surplus lines insurer. Lender shall be
named as the person to be paid under such policy in the event of loss, If required by Lender, Grantor must deliver a copy of the policy and proof
of the payment of premiums to Lender. If Grantor fails to meet any of these requirements, Lender may, but does not have to, obtain collateral
protection insurance on Grantor's behalf at Grantor's expense.
AUTHORIZATION. For purposes of insurance coverage on the Collateral, t authorize Lender to provide to any person (including any insurance
agent or company) all Information Lender deems appropriate, whether regarding the Collateral, the loan or other financial accommodations, or
both.
I ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS AGREEMENT TO PROVIDE INSURANCE AND AGREE TO ITS TERMS. THIS
AGREEMENT IS DATED MAY 20, 2013.
GRANTOR:
Loan No: 25500009672
AGREEMENT TO PROVIDE INSURANCE
(Continued)
Page 2
FOR LENDER USE ONLY
DATE: INSURANCE VERIFICATION PHONE
AGENTS NAME:
AGENCY:
ADDRESS:
INSURANCE COMPANY:
POLICY NUMBER:
EFFECTIVE DATES:
COMMENTS:
LASER PRO Landing. der. 12.4.10 003 Cop.. NMand Filanciai Solutions. inc. 1997, 2013. AN Righ14 Rasemd. • TX L:41FS'4:FrLPLli10.FC TR•113941 PR•SIT
FORST
FINANCIAL
BANK
MEMBER FDIC
DISBURSEMENT REQUEST AND AUTHORIZATION
Principal :
$93 900.00
to Date
05 -20 -2413
Maturity
'05-20-2043
Loan No '>
. 25500009672
call /.con
iC t 370
Account
LAC0429
Officer
MS
Initials
References in the boxes above are or Lender's use only and do not limit the applicability of this document to any particular loan o item.
Any item above containing " * * *" has been omitted due to text length limitations.
Borrower: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender:
First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
LOAN TYPE. This is a non - precomputed Fixed Rate (5.000 %) Disclosable Installment Loan to an Individual for $83,900.00 due on May 20,
2043.
PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for:
® Personal, Family or Household Purposes.
❑ Personal Investment.
❑ Business, Agricultural and All Other.
SPECIFIC PURPOSE. The specific purpose of this loan is: Purchase homestead located at 907 Ave P, Huntsville, TX 77320.
DISBURSEMENT INSTRUCTIONS. I understand that no loan proceeds will be disbursed until any notice of the right to cancel time period
specified has expired and all of Lender's conditions for making the loan have been satisfied. Please disburse the loan proceeds of $83,900.00
as follows:
Amount paid to others on my behalf: $83,900.00
$83,900.00 to Walker County Title Company
Note Principal: $83,900.00
CHARGES PAID IN CASH. I have paid or will pay in cash as agreed the following charges:
Prepaid Finance Charges Paid in Cash: $0.00
Other Charges Paid in Cash: $2,330.00
$17.00 Flood Certification to American Flood Research, Inc.
$300.00 Settlement or Closing Fee to Walker County Title
Company
$795.00 Owner's Title Insurance to Walker County Title
Company
$200.00 Lender's Title Insurance to Walker County Title
Company
$6.00 Guaranty Fee to Walker County Title Company
$674.00 Homeowner's Insurance Premium to Hochheim Prairie
Casualty Ins. Co.
$112.00 Recording Fees to Walker County Clerk
$105.00 2nd Lien MTP + Endorsements to Walker County Title
Company
$65.00 Delivery/Wire Fee to Walker County Title Company
$56.00 UCC Recording fee to Walker County Clerk
Total Charges Paid in Cash: $2,330.00
ESCROW ACCOUNT INFORMATION:
Escrow Account Starting Balance: $ 1,011.61
Calculated Monthly Reserve Amount: $ 240.81
Monthly Discretionary Payment Amount: $
Loan Servicer:
Anticipated Escrow Disbursements:
Description: Homeowner's Insurance
Amount: $ 674.00 (Annual Amount: $ 674.00 )
Periods Payable: May
Description: Property Taxes
DISBURSEMENT REQUEST AND AUTHORIZATION
Loan No: 25500009672 (Continued) Page 2
Amount: $ 2,215.67 (Annual Amount: $ 2,216.00 )
Periods Payable: December
TAX CONSEQUENCES. I understand that Lender makes no representation or warranty whatsoever concerning the tax consequences of this
loan, including the deductibility of interest, and that I should consult with my own tax advisor for guidance on this subject. I also agree that
Lender shall not be liable in any manner whatsoever should the interest paid on the loan not be deductible.
FINANCIAL CONDITION, BY SIGNING THIS AUTHORIZATION, I REPRESENT AND WARRANT TO LENDER THAT THE INFORMATION
PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN MY FINANCIAL CONDITION
AS DISCLOSED IN MY MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS AUTHORIZATION IS DATED MAY 20, 2013.
BORROWER:
CREDIT INSURANCE DISCLOSURE
VOLUNTARY CREDIT INSURANCE. CREDIT LIFE INSURANCE, CREDIT DISABILITY INSURANCE AND INVOLUNTARY UNEMPLOYMENT
INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT.
By signing below, t acknowledge that I am not obtaining credit insurance for this loan for one of the following reasons:
(A) I am not eligible for credit insurance;
(8) Credit insurance Is not available from Lender; or
(C) If I am eligible and credit insurance Is available from Lender, 1 do not want it.
Prior to signing this Credit Insurance Notice on May 20, 2013, I read and understood all of the provisions of this Disclosure.
BORROWER:
neva Leigh
LASER PRO Landing, %a1. 12.4.10.003 Cow 11460,4 Finand 4 644,,0444. In:. 1004.:013. M Right Rasavea. • 14 L 01FS -, FRLPL1120.FC 14.103041 RR-512
F$RST
FINANCIAL
BANK
MEMBER FDIC
NOTICE OF FINAL AGREEMENT
Principal
563,900.00%
Loan Date
. 05 -20 -2013
Maturity
05-20,-2043
Loan No
25500009672
cast i Con
1C2A f 370
Account
L,AC0429
Officer
MS
Initials
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan o item.
Any item above containing 1r***" has been omitted due to text length limitations.
Borrower: Geneva Leigh
37 WIRE RD TRLR E
HUNTSVILLE, TX 77320 -2211
Lender: First Financial Bank, N.A.
33 State Highway 75 North
Huntsville, TX 77320
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.
As used in this Notice, the following terms have the following meanings:
Loan. The term "Loan" means the following described loan: a non - precomputed Fixed Rate (5.000 %) Disclosable Installment Loan to
an Individual for $83,900.00 due on May 20, 2043.
Loan Agreement. The term "Loan Agreement" means one or more promises, promissory notes, agreements, undertakings, security
agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the
Loan, including without limitation the following:
LOAN DOCUMENTS
Amortization Schedule
Disclosure of Right to Receive a Copy of an Appraisal
TX Notice of Penalties for False Statements
Promissory Note
TX Deed of Trust for Real Property located at 907 AVENUE P,
HUNTSVILLE, TX 77320 -3822
- ERRORS AND OMISSIONS
Credit Score Disclosure - 1-4 Family Real Estate: Geneva
Leigh
Disbursement Request and Authorization
Model Privacy Notice: Geneva Leigh
Disclosure Statement: Geneva Leigh
Negative Information Disclosure: Geneva Leigh
Customer Information Profile: Geneva Leigh
Initial Escrow Account Disclosure Statement
- HOLD HARMLESS AGREEMENT
- GFE - Notice of Intent to Proceed
HUD -1 Settlement Statement - Combined Borrower and Seller
Agreement to Provide Insurance: Real Property located at 907
AVENUE P, HUNTSVILLE, TX 77320 -3822; owned by Leigh
Notice of Final Agreement
Servicing Disclosure Statement: Geneva Leigh
Parties. The term "Parties" means First Financial Bank, N.A. and any and all entities or individuals who are obligated to repay the
loan or have pledged property as security for the Loan, including without limitation the following:
Borrower: Geneva Leigh
Grantor(s): Geneva Leigh
This Notice of Final Agreement is given by First Financial Bank, N.A. pursuant to Section 26.02 of the Texas Business and Commerce Code.
Each Party who signs below, other than First Financial Bank, N.A., acknowledges, represents, and warrants to First Financial Bank, N.A. that
It has received, read and understood this Notice of Final Agreement. This Notice Is dated May 20, 2013.
BORROWER:
x
�
fAI L .1
Ge eve Leigh
4..
LENDER:
FIRST FINANCIAL BANK, N.A.
X
Landon Slaugifter, Asst. Vice President
LASER PRO Landing, Yrr. 12.1.10401 Cop,- 000.0 Flnenwl ■oLlfon+. Inc. 1007. 2013 .. All 01000 Raaerra0 • T% L:0IPSICPILLPLU2I.FC 10.111001 P0412
FIRST
FINANCIAL
BANK
MEMBER FDIC
FACTS
Rev. 09/2010
WHAT DOES FIRST FINANCIAL BANKSHARES, INC.
DO WITH YOUR PERSONAL. INFORMATION?
Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information. Please read this notice carefully
to understand what we do.
The types of personal information we collect and share depend on the product or service you
have with us. This information can include:
• Social Security number and account balances
• payment history and transaction or Toss history
• purchase history and checking account information
When you are no longer our customer, we continue to share your information as described in
this notice.
All financial companies need to share customers' personal information to run their everyday
business. In the section below, we list the reasons financial companies can share their
customers' personal information; the reasons First Financial Bankshares, Inc. chooses to
share; and whether you can limit this sharing.
For our everyday business purposes -
such as to process your transactions, maintain
your account(s), respond to court orders and
legal investigations, or report to credit bureaus
Yes
No
For our marketing purposes -
to offer our products and services to you
Yes
No
For joint marketing with other financial
companies
No
We don't share
For our affiliates' everyday business purposes -
information about your transactions and
experiences
Yes
No
For our affiliates' everyday business purposes -
information about your creditworthiness
No
We don't share
For nonaffiliates to market to you
No
We don't share
n
CaII 800 -588 -7000 or go to www.ffin.com
on
PAGE 2
Who is providing this
notice?
First Financial Bank, N.A.; First Financial Insurance Agency, Inc.; First Financial Trust &
Asset Management Company, N.A.; and First Technology Services, Inc.
How does First
Financial
Bankshares, Inc.
protect my personal
information?
To protect your personal information from unauthorized access and use, we use security
measures that comply with federal law. These measures include computer safeguards and
secured files and buildings.
We also maintain other physical, electronic and procedural safeguards to protect this
information and we limit access to information to those employees for whom access is
appropriate.
How does First
Financial
Bankshares, Inc.
collect my personal
information?
We collect your personal information, for example, when you
• open an account or deposit money
• pay your bills or apply for a loan
• use your credit or debit card
Why can't I limit all
sharing?
Federal law gives you the right to limit only
• sharing for affiliates' everyday business purposes — information about your
creditworthiness
• affiliates from using your information to market to you
• sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
Affiliates
Companies related by common ownership or control. They can be financial and
nonfinancial companies.
• Our affiliates include financial companies such as identified in the "Who We Are"
section above.; and nonfinancial companies, such as First Technology Services, Inc.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
• First Financial Bankshares, Inc. does not share with nonaffiliates so they can market to
you.
Joint marketing
A formal agreement between nonaffiliated financial companies that together market
financial products or services to you.
• First Financial Bankshares, Inc. doesn't jointly market.
LASER PRO Lending. 'Far 12.4.10 003 COP,. Herbed Financial SoNIsAns. Inc. 1997. 2013 . AN R19hls Reserved - 00 L12IFSICFRLPL'PRIVDIS2 FC 79-1931341 PR -512
Texas Neighborhood Stabilization Program (.SP)
Homebuyer Assistance
Deferred Forgivable Subordinate Lien Note
( "Note ")
Date: MAY 20, 2013
Borrower: GENEVA LEIGH
Borrower's Mailing Address: 907 AVENUE P
HUNTSVILLE, WALKER County, TX 77320
Lender: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
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):
907 AVENUE P
[Property Address]
a public and
official agency
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. Five Thousand Nine Hundred Seventy -Eight And Fifty- Five /100 Dollars
("$5,978.55 ") ( "Principal Amount ") to the order of the Lender. Borrower understands that the Lender may transfer
this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this
Note is called the "Note Holder."
2. ANNUAL INTEREST RATE
Zero percent (0 %) per annum
ANNUAL INTEREST RATE ON MATURED, UNPAID AMOUNTS
Twenty percent (20 %) per annum
3. PAYMENT TERMS; TIME AND PLACE OF PAYMENTS
(A) Payment Terms; Time of Payments
The loan repayment of the Principal Amount of this Note shall be due and payable in legal tender of the
United States of America in 5 equal annual installments of One Thousand One Hundred Ninety -Five And
Seventy- One /100 Dollars ($1,195.71) each year beginning JUNE 01, 2014 (the "First Anniversary"), and shall
continue annually until JUNE 01, 2018, the expiration of 5 years ( "Maturity Date "). At Maturity Date, the
unpaid and un- forgiven amounts owing under this Note shall be due and payable in full. Each payment
TDHCANSPNOTEHBA Page I of 5
installment will be applied first to accrued interest, if any, and the remainder to reduction of the Principal
Amount. After Maturity Date, Borrower promises to pay any unpaid principal balance plus interest at the
Annual Interest Rate on Matured, Unpaid Amounts.
(B) Deferral and Annual Forgiveness
Provided that the Borrower complies with the terms of this Note, the NSP Subordinate Deed of Trust, and
any and all other documents evidencing, securing or executed in connection with this Note, the amounts of
Principal Amount due and payable under this Note shall be deferred and waived annually at a rate of 20% of
Principal, Amount per year beginning on the First Anniversary and continuing annually until Maturity Date.
(C) Place of Payment
Borrower will make payment(s) at P. 0. Box 13941, Austin, Texas 7871 1- 394 1or 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 FIRST FINANCIAL BANK( "First Lien Lender "), in
the amount of $$83,900.00, of even date with this Note, hereinafter the "Superior Lien Note(s)" is paid
in full upon its maturity and according to its terms; or
(b) the Superior Lien Note(s) is refinanced in whole or in part or is assumed by a new borrower without
the consent of the Note Holder; or
(c) the unpaid balance(s) of the Superior Lien Note(s) becomes due and payable in full for any reason
(whether by acceleration or according to its terms, and including, without limitation, because any
maker of the Superior Lien Note(s) is in default); or
(d) all or any part of the Property, or any interest in it, is leased, transferred or conveyed without Note
Holder's prior, written consent; or
(e) Borrower ceases to occupy the mortgaged property as his or her principal residence.
If the collateral is residential real property containing fewer than five dwelling units or a residential
manufactured home occupied by Borrower, exceptions to this provision are limited to (a) a subordinate lien or
encumbrance that does not transfer rights of occupancy of the property; (b) creation of a purchase money
security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a
co- owner; (d) grant of a leasehold interest of three years or less without an option to purchase; (e) transfer to a
spouse or children of owner or between co- owners; (f) transfer to a relative of owner or on owner's death; and
(g) transfer to an inter vivos trust in which owner is and remains a beneficiary and occupant of the property.
(E) Recapture
Upon the sale of the mortgaged property, any unpaid or un- forgiven balance of the Note shall be due and
payable in full from the available Net Proceeds from the sale of the mortgaged property pursuant to 24 CFR
§92.254. Net Proceeds of a sale are the sales price of Property minus the closing costs, any superior lien loan
repayment and any other necessary transaction costs. If the Net Proceeds are insufficient to repay the
outstanding balance of the Note in full and Borrower's investment (which includes any portion of initial down
payment paid by Borrower combined with the value of any capital improvements made with Borrower's funds),
the Borrower's investment is paid in full first from the available proceeds from the re -sale and the Note is repaid
to the extent that proceeds are available, but only in the event the mortgaged property was sold for an amount
TDHCANSPNOTEHBA 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 Eighty -Three Thousand Nine Hundred And No /100 Dollars ($83,900.00), dated and executed by
GENEVA LEIGH, payable to the order of FIRST FINANCIAL BANK.
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
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
TDHCANSPNOTEHBA Page 4 of 5
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.
/'IL
L•
G `EVA LEIGH
TDHCANSPNOTEHBA Page 5 of 5
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
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 the ,Huntsville Tawnsite
and being all of that certain tract of kiwi coiwcyed to the City of H iintsville, 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 lama 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 rocl 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
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 Rolling, 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 °15'50" 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'South 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
10,260,718.74 &. 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 Horizontal"' units
and May be converted to "GRID" units by multiplying by a combined scalefactor of 0.99988.
Plat of even date accompanies this description. !'
Prepared by:
GeoSnlutions, LLC
25814 .Budde Road
Spring, Texas
Tel. 281 - 681 -9766
Job No. 12- 249 -030
PAGE 0141_
- D E R'' 9�
MARY E. CHRl1SZC7AI<
I ° 4958 v:
1�'�4,s{VE4�Q /f
r'
8eturn to:
COUNTY TITLE COMPANY
09 UNIVERSITY AVENUE
HUNT VILLE, TEXAS 773
Gp#
Texas Neighborhood Stabilization Program (NSP)
Subordinate Lien Deed of Trust
( "Deed of Trust ")
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
Date: MAY 20, 2013
Grantor: GENEVA LEIGH, A SINGLE PERSON
Grantor's Mailing Address: 907 AVENUE P, 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: Five Thousand Nine Hundred Seventy -Eight And Fifty- Five /100 Dollars
($5,978.55)
Maker: GENEVA LEIGH
Payee: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official
agency of the State of Texas
Maturity date: JUNE 01, 2018
Terms of Payment: As provided therein
Property: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES.
Prior Liens:
TDHCANSPDOTHBA Page 1 of 9
Date:
Grantor: GENEVA LEIGH
Trustee: ROBERT PATE
Amount: $83,900.00
Beneficiary: FIRST FINANCIAL BANK
Recording Information: To be recorded in the Real Property Records of WALKER County, Texas.
Other Exceptions to Conveyance and Warranty:
1. Visible and apparent easements on or across property which may not appear of record.
2. All coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together
with all rights, privileges, and immunities relating thereto.
3. Restrictions, covenants, easements and outstanding mineral reservations, rights to royalties, if any shown of
record in the hereinabove mentioned county and state, all to all zoning laws, regulations and ordinances of
municipal and/or other governmental authorities, if any.
4. Ownership of all oil, gas and other minerals; and rights of all parties claiming by, through or under said
mineral owner(s).
For value received and to secure payment of Note, Grantor conveys the Property to Trustee in trust. Grantor
warrants and agrees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty.
On payment of Note and all other amounts secured by this Deed of Trust, this Deed of Trust will have no further
effect, and Beneficiary will release it at Grantor's expense.
A. Grantor's Obligations
Grantor agrees to:
1. keep the Property in good repair and condition;
2. pay all taxes and assessments on the Property before delinquency;
3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the
lien's priority as it is established in this Deed of Trust;
4. maintain, in a form acceptable to Beneficiary, an insurance policy that:
a. covers all improvements for their full insurable value as determined when the policy is issued and
renewed, unless Beneficiary approves a smaller amount in writing;
b. provides fire and extended coverage, including windstorm coverage;
c. protects Beneficiary with a standard mortgage clause;
d. provides flood insurance at any time the Property is in a flood hazard area; and
e. contains such other coverage as Beneficiary may reasonably require.
5. deliver the insurance policy to Beneficiary within ten days of the date of this Deed of Trust and deliver
renewals to Beneficiary at least fifteen days before expiration;
TDHCANSPDOTHBA Page 2 of 9
6. obey all laws, ordinances, and restrictive covenants applicable to the Property;
7. keep any buildings occupied as required by the insurance policy; and
8. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all prior lien notes and abide by or
cause to be abided by all prior lien instruments.
B. Beneficiary's Rights
1. Beneficiary may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of
Trustee.
2. If the proceeds of Note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all the
rights and liens of the holders of any debt so paid.
3. Beneficiary may apply any proceeds received under the insurance policy either to reduce Note or to repair
or replace damaged or destroyed improvements covered by the policy. If the Property is Grantor's primary
residence and Beneficiary reasonably determines that repairs to the improvements are economically
feasible, Beneficiary will make the insurance proceeds available to Grantor for repairs.
4. Notwithstanding note terms to the contrary, and unless applicable law prohibits, all payments received by
Beneficiary from Grantor under Note or this Deed of Trust may, at Beneficiary's discretion, be applied first
to amounts payable under this Deed of Trust and then to amounts due and payable to Beneficiary under
Note, to be applied to late charges, principal, or interest in the order Beneficiary in its discretion
determines.
5. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be
reimbursed by Grantor on demand for any amounts so paid, including attorney's fees, plus interest on those
amounts from the dates of payment at the rate stated in Note for matured, unpaid amounts. The amount to
be reimbursed will be secured by this Deed of Trust.
6. If there is a default on Note or if Grantor fails to perform any of Grantor's obligations and the default
continues after any required notice of the default and the time allowed to cure, Beneficiary may:
a. declare the unpaid principal balance and earned interest on Note immediately due;
b. direct Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent will cause notice
of the foreclosure sale to be given as provided by the Texas Property Code as then in effect; and
c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited
on Note.
7. Beneficiary may remedy any default without waiving it and may waive any default without waiving any
prior or subsequent default.
C. Trustee's Duties
If directed by Beneficiary to foreclose this lien, Trustee will:
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;
TDHCANSPDOTHBA Page 3 of 9
3. from the proceeds of the sale, pay, in this order:
a. expenses of foreclosure, including a reasonable commission to Trustee;
b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid;
c. any amounts required by law to be paid before payment to Grantor; and
d. to Grantor, any balance; and
4. be indemnified by Beneficiary against all costs, expenses, and liabilities incurred by Trustee for acting in
the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other
costs, including attorney's fees, incurred by Trustee in defense of any action or proceeding taken against
Trustee in that capacity.
D. General Provisions
1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to
the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser, subject
to an action for forcible detainer.
2. Recitals in any trustee's deed conveying the Property will be presumed to be true.
3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not
constitute an election of remedies.
4. This lien will remain superior to liens later created even if the time of payment of all or part of Note is
extended or part of the Property is released.
5. Application of Payments. If any portion of Note cannot be lawfully secured by this Deed of Trust,
payments will be applied first to discharge that portion. Unless applicable law provides otherwise,
payments will be applied next, to principal due; third, to interest due; and last, to any late charges due
under the Note.
6. Successors and Assigns Bound. This Deed of Trust shall bind, inure to the benefit of, and may be
exercised by successors in interest of all parties.
7. Hazard or Property Insurance. It is recommended by Beneficiary that Grantor shall keep the
improvements now existing or hereafter erected on the Property insured against loss by fire, hazards
included within the term "extended coverage" and any other hazards, including floods or flooding, for
which Beneficiary requires insurance in accordance with 24 CFR Part 58.6. If Grantor does not maintain
coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect
Beneficiary's rights in the Property in accordance with paragraph 9.
Unless Beneficiary and Grantor otherwise agree in writing, any application of proceeds to principal
shall not extend or postpone the due date of the annual payments referred to in Note. If under part B,
"Beneficiary's Rights" and part C, "Trustee's Rights ", the Property is acquired by Beneficiary, Grantor's
right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition
shall pass to Beneficiary to the extent of the sums secured by this Deed in Trust immediately prior to the
acquisition.
8. Usury; Interest. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount
of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any
interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been
paid, refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt
TDHCANSPDOTHBA Page 4 of 9
or, if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions
in this and all other instruments concerning the debt.
9. Protection of Beneficiary's Rights in the Property. If Grantor fails to perform the covenants and
agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect
Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to
enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the
value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying
any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Beneficiary may take
action under this paragraph 9, Beneficiary does not have to do so.
Any amounts disbursed by Beneficiary under this paragraph 9 shall become additional debt of Grantor
secured by this Deed of Trust. Unless Grantor and Beneficiary agree to other terms of payment, these
amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with
interest, upon notice from Beneficiary to Grantor requesting payment.
10. Mortgage Insurance. If Beneficiary required mortgage insurance as a condition of making the loan
secured by this Security Instrument, Grantor shall pay the premiums required to maintain the mortgage
insurance in effect. If, for any reason, the mortgage insurance coverage required by Beneficiary lapses or
ceases to be in effect, Grantor shall pay the premiums required to obtain coverage substantially equivalent
to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Grantor of
the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Beneficiary.
If substantially equivalent mortgage insurance is not available, Grantor shall pay to Beneficiary each month
a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Grantor when the
insurance coverage lapsed or ceased to be in effect. Beneficiary will accept, use and retain these payments
as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the
option of Beneficiary, if mortgage insurance coverage (in the amount and for the period that Beneficiary
requires) provided by an insurer approved by Beneficiary again becomes available and is obtained.
Grantor shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss
reserve, until the requirement for mortgage insurance ends in accordance with any written agreement
between Grantor and Beneficiary or applicable law.
11. Inspection. Beneficiary or its agent may make reasonable entries upon and inspections of the Property.
Beneficiary shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for
the inspection.
12. Condemnation. Grantor assigns to Beneficiary all amounts payable to or received by Grantor from
condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages
caused by public works or construction on or near the Property. After deducting any expenses incurred,
including attorney's fees and court and other costs, Beneficiary will either release any remaining amounts
to Grantor or apply such amounts to reduce Note. Beneficiary will not be liable for failure to collect or to
exercise diligence in collecting any such amounts. Grantor will immediately give Beneficiary notice of any
actual or threatened proceedings for condemnation of all or part of the Property.
13. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any part of
the Property have been advanced by Beneficiary at Grantor's request and upon Grantor's representation that
such amounts are due and are secured by valid liens against the Property. Beneficiary shall be subrogated
to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any
outstanding liens and debts, regardless of whether said liens or debts are acquired by Beneficiary by
assignment or are released by the holder thereof upon payment.
14. Purchase Money; Vendor's Lien. Grantor represents that this Deed of Trust and Note are given for the
following purposes:
TDHCANSPDOTHBA Page 5 of 9
The funds advanced to Maker under Note are used to pay closing cost and part of the purchase price of
the Property. Note also are primarily secured by a vendor's lien retained in the deed of even date with this
Deed of Trust executed by CITY OF HUNTSVILLE conveying the Property to Maker, which vendor's
lien has been assigned to Beneficiary, this Deed of Trust being additional security for such vendor's lien.
The vendor's lien is TRANSFERRED to Beneficiary by this deed. The Deed of Trust does not waive the
vendor's lien, and the two liens and the rights created by this Deed of Trust shall be cumulative.
Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose
under both
15. Transfer of the Property or a Beneficial Interest in Grantor. IN THE EVENT THAT SALE OR
CONVEYANCE IS MADE OF ALL OR ANY PORTION OF THE MORTGAGED PREMISES
WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY TO SAID SALE, THEN
BENEFICIARY MAY AT ITS ELECTION ACCELERATE THE MATURITY DATES OF NOTE
AND DEMAND FULL PAYMENT OF THE BALANCE OF ALL PRINCIPAL AND INTEREST
REMAINING DUE THEREON. If the Property is residential, real property containing fewer than five
(5) dwelling units or a manufactured home occupied by Grantor, exceptions to this provision are limited to:
(a) a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b)
creation of a purchase -money security interest for household appliances; (c) transfer by devise, descent, or
operation of law on the death of a co- Grantor; (d) grant of a leasehold interest of three years or less without
an option to purchase; (3) transfer to a spouse or children of Grantor or between co- Grantors; (f) transfer to
a relative of Grantor on Grantor's death; and (g) transfer to an inter vivos trust in which Grantor is and
remains a beneficiary and occupant of the Property. The restriction on the transfer of Property will
automatically terminate if title to the Property is transferred by foreclosure or deed -in -lieu of foreclosure,
or if the mortgage is assigned to the Secretary of the U. S. Department of Housing and Urban Development
in accordance with 24 C.F.R. §203.41.
16. Loan Not a Home Equity Loan. The Loan evidenced by Note is not an extension of credit as defined by
Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as
Maker's residence, then Maker agrees that Maker will receive no cash from the Loan evidenced by Note
and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete
construction, or renew and extend a prior lien against the Property, will be used to reduce the balance
evidenced by Note or such Loan will be modified to evidence the correct Loan balance, at Beneficiary's
option. Maker agrees to execute any documentation necessary to comply with this Section.
17. Occupancy, Preservation, Maintenance and Protection of the Property.
GRANTOR REPRESENTS THAT IT IS A HOUSEHOLD WITH AN INCOME AT OR
BELOW ONE HUNDRED TWENTY PERCENT (120 %) 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]:
El Adjustable Rate Rider
ri Balloon Rider
r.. 1 -4 Family Rider
GRANTOR:
El Condominium Rider
rn Planned Unit Development Rider
rn Biweekly Payment Rider
'"i Second Home Rider
C. Renewal & Extension Addendum
Other(s) [specify]
VA LEIGH
TDHCANSPDOTHBA Page 8 of 9
(Seal)
- Borrower
(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 GENEVA LEIGH known to me (or proved to me
on the oath of or through gessPip '. • P • or o • . ument
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he execute the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day o
(Seal) ..... %,•
'•NpTq{3yo Off, %,
•
My Commission Expirev:
9
F •
atrrttso111100
PREPARED BY:
BLACK, MANN & GRAHAM, L.L.P.
2905 CORPORATE CIRCLE
FLOWER MOUND, TX 75028
(972)- 353 -4174
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
TDHCANSPDOTHBA Page 9 of 9
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 the Huntsville Townsite
and being all of that certain tract of land conveyed to the City of Huntsville, by deed recorded in
Volnine 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.0 :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. 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 89 °39' 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 South 79 °41' West, 0.54 feet;
THENC.E, South 02 °1428" 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
10,260,718.74 & 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 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. 12 -249 -030
•-•LxaY..-X.J_ 11.4'
PAGE _1 OF
MARY E. CHRUSZCZAI<
4968 . v.
}S77R� -10,
r - j;
Please give this letter to borrower at closing.
MAY 20, 2013
GENEVA LEIGH
907 AVENUE P
HUNTSVILLE, TX 77320
Re: Loan Number 77099991262C
Dear GENEVA LEIGH:
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 JUNE 01, 2014. Please use the temporary coupon attached
below when mailing your first payment.
Your loan may include an escrow account, which is used to pay your taxes and insurance. Annually, we will
analyze the escrow account, and your payment may be adjusted accordingly. If, for example, your property taxes
increase, your payment may also increase.
At the end of each year, the Department will send you an annual statement for your records. This information
will also be transmitted to the Internal Revenue Service for income tax purposes.
If you have any questions or concerns regarding your mortgage loan, please don't hesitate to contact us at the
number listed below. We look forward to servicing your mortgage loan.
Texas Department of Housing and Community Affairs
If by mail: P.O. Box 13941, Austin, Texas 78711-3941
If by overnight delivery service: 221 E. 11th Street, Austin, Texas 78701
Toll Free: 800.298.4013
FAX Number: 512.472.7500
CUT HERE FOR FIRST PAYMENT COUPON
Mail to:
Loan Number:
Payment Due Date:
Borrower Name:
Mortgage Loan Payment:
Texas Department of Housing and Community Affairs
P.O. Box 13245 -C3
Austin, Texas 78711 -3245
77099991262C
JUNE 01, 2014
GENEVA LEIGH
Principal & Interest:
Escrow:
Total Payment:
TDHCANSPPAYLTRHI3A Page I of 1
$1,195.71
$0.00
$1,195.71 (if not forgiven)
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: 77099991262C
BORROWER NAME: GENEVA LEIGH
PROPERTY ADDRESS: 907 AVENUE P, HUNTSVILLE, TX 77320
V./F3 V730`k
MAILING ADDRESS:
HOME PHONE:
WORK PHONE:
CELL PHONE:
f4a-t.cke -1-1:301
1
NEAREST RELATIVE
(not living with you)
CONTACT NAME AND 1 , W' \ \�� ( _
PHONE NUMBER: nom l�
TDHCANSPINITIALLNCONTACTINFO Page I 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 907 AVENUE P, HUNTSVILLE WALKER
County, TX 77320 dated MAY 20, 2013. The Borrower(s) hereby certifies and acknowledges that the above
reference property will be their primary residence and will be occupied within 30 days of closing the mortgage loan.
VA LEIGH / - Borrower
- Borrower
- Borrower
- Borrower
- Borrower
- Borrower
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF
Befe e me, this
'-aC.
(SEAL)
Iu�mnrrrn
TH '1,,,
•quay ned and acknowledged on
\
• rq , 01- PS
THE STATE OF TEXAS
COUNTY OF
Before me, this instrument was signed and
2e)
, 20/� by
of Texas
.4i) l d,e t n(1)
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), 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:
FENCE DOES NOT FOLLOW PROPERTY LINE
EXECUTED this? day of a
BORROWER:
TDHCANSPSURVEY Page 1 of 1
2-0 13
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
$5,978.55 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. 1 /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 5, (JUNE 01, 2018) years and repay the loan to the Lender according to the terms of the Note and Deed of Trust
and that if 1 /we should sell or move from the Property prior to the end of 5 (JUNE 01, 2018) 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 1 /we
understand the calculations and the circumstances under which the due on sale will be triggered. 1 /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
BORROWER:
By: 1 1
Name: ' EVA LEIGH
Title:
By:
Name:
Title:
TDHCANSPDUEONSALEHBA Page 1 of 1
By:
Name:
Title:
By:
Name:
Title:
G.F. NO.: 2012121287
POLICY NO.
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a
dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the
Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In
addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the
policy is issued. You can do this by signing this form and returning it to the Company at or before the closing
of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to
arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association
( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Insured arising out of or relating to this policy, any service in
connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising
out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured
is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of
Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the
Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.
Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent
jurisdiction."
I request deletion of the Arbitration provision.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
B
Its: Duly Authorized Representative
DATE: /vl A V/ 2 V, 2 D r3
Loan No.: 77099991262C
TDHCADELARB Page 1 of 1
Applicants /Borrowers: GENEVA LEIGH
Property Address: 907 AVENUE P, HUNTSVILLE, TX 77320
Loan No: 770999912620
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.
•
/1!L 0_
GENEVA LEIGH
STATE OF ( TEXAS )
COUNTY OF ( WALKER )
This instrument was a
(Seal)
:
My commission expires: Si- J+, .4,0N,Btak's typ
ZU( i % '47t 0F�
psi •'•.;XPIRE;:� • \'�.,
. ,,- % seforemeon
9 /o
c.
NcItar/ Publ.
TXPENALTYBI
2 by GENEVA LEIGH .
State TEXAS
d or pri ed name: �r,, c�
Page 1 of 1
,v' /0 /J ✓Z!'�
Applicants /Borrowers: GENEVA LEIGH
Property Address: 907 AVENUE P, HUNTSVILLE, TX 77320
Loan No: 77099991262C
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
rec; ived, read, and executed this written Notice.
id
PAZ the._.P.OZA
EVA LEIGH e111lilryil\ P OANil, o
. ... TO
el.", OF TEXAS ∎` O .• ; RY PU•• I
This instrument vas jckn � W,k! -d betorime on a-t- Zd 2 d
/
•�.
/000�- 1/011e i,E:ik "a\v tta ry Pu
(Seal)
by GENEVA LEIGH .
My comm sion ex Tres
c, Stan of TEXAS
ed or rated name: Spm7
TXPENALTYB1 Page 1 of 1
/v,)) 74,F /) /t)
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)
GENEVA LEIGH
Business name /disregarded entity name, if different from above
Check appropriate box
Classification (required): r.... proprietor ri C Corporation r S Corporations Partnership
rl Limited liability company. Enter the tax classification (C =C corporation, S =S Corporation, P= partnership)
r i Other (see Instructions) •
rl Trust/estate
•
r Exempt payee
Address (number, street, and apt, or suite no.)
907 AVENUE P
Requestor's name and address (optional)
City, state, and ZIP code
HUNTSVILLE, TX 77320
List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number
to enter.
Part I1
Certification
Social Security number
453 -53 -7706
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 P.
S- 2.6 -21y3
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)
UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
A. NAME & PHONE OF CONTACT AT FILER [optional]
B. SEND ACKNOWLEDGMENT TO: (Name and Address)
WALKER COUNTY TITLE COMPANY
1109 UNIVERSITY AVENUE
HUNTSVILLE, TX 77340
ATTN: JUDY THORTON
[ GF #2012121287
Return to:
WALKER COUNTY TITLE COMPANY
110? UNIVERSITY AVENUE
HUNTSVILLE, TEXAS 77340
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1 a. INITIAL FINANCING STATEMENT FILE #
1 b. This FINANCING STATEMENT AMENDMENT is to be RECORDED 04 -03 -12 DOC. NO 00002'514 OPR WALKER COUNTY ►/ REAL filed
EST(ATE RECORor recorded) in the
2. TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the Secured Party authorizing this Termination Statement.
3. U CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of the Secured Party authorizing this Continuation Statement is
continued for the additional period provided by applicable law.
4. I__I ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9.
5. AMENDMENT (PARTY INFORMATION): This Amendment affects ❑ Debtor gr ❑ Secured Party of record. Check only one of these two boxes.
Also check grtg of the following three boxes eng provide appropriate information in items 6 and /or 7.
❑CHANGE name and /or address: Pleaserefertothedetailedinstructions DELETE name: Give record name ADD name: Complete item 7a or7b, and also item 7c;
inresardsto changing the name/address of a party. ❑tobedeletedinitem6aor6b. 1_1 alsocompleteitems7e- 7o(ifapplicable).
6. CURRENT RECORD INFORMATION:
OR
6a. ORGANIZATIONS NAME
CITY OF HUNTSVILLE
6b. INDIVIDUALS LAST NAME
FIRST NAME
MIDDLE NAME
SUFFIX
7. CHANGED (NEW) OR ADDED INFORMATION:
7a. ORGANIZATIONS NAME
Ott
7b. INDIVIDUALS LAST NAME
FIRST NAME
MIDDLE NAME
SUFFIX
7c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
7d
SEE INSTRUCTIONS
ADD'L INFO RE 17e. TYPE OF ORGANIZATION
ORGANIZATION
DEBTOR I
7f. JURISDICTION OF ORGANIZATION
7g. ORGANIZATIONAL ID #, if any
I, NONE
8. AMENDMENT (COLLATERAL CHANGE): check only one box.
Describe collateral e deleted or ❑ added, or give entire ❑restated collateral description, or describe collateral ❑ assigned.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES.
9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an Assignment). If this is an Amendment authorized by a Debtor which
adds collateral or adds the authorizing Debtor, or if this is a Termination authorized by a Debtor, check here ❑ and enter name of DEBTOR authorizing this Amendment
9a. ORGANIZATIONS NAME
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
OR
9b. INDIVIDUAL'S LAST NAME
FIRST NAME
MIDDLE NAME
SUFFIX
10.OPTIONAL FILER REFERENCE DATA
NSP LN #770999991262: CITY OF HUNTSVILLE
International Association of Commercial Administrators (IACA)
FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (FORM UCC3) (REV. 05/22/02)
METES AND .BOUNDS DESCRIPTION of
907 Avcnuc 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 the .Huntsville Townsite
and being all of that certain tract of land conveyed to the City o:f Euntsville, by deed recorded in
Volwine 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. 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 89 °39' 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 South 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
10,260,718.74 & East= 3,796,600.77). Bearings described are related to the Texas Coordinate
System of 1983, Central Zone, .Distances shown are US Survey Feet in "Field Horizontal" units
and may be converted to "GRID" units by multiplying by a combined scale factor of 0.99988.
Plat of even date accompanies this description. ,
Prepared by:
GeoSolutions, LLC
25814 .Budde Road
Spring, Texas
Tel. 281 -681 -9766
Job No. 12- 249 -030
0
UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
A. NAME & PHONE OF CONTACT AT FILER (optional]
B. SEND ACKNOWLEDGMENT TO: (Name and Address)
r WALKER COUNTY TITLE COMPANY
1109 UNIVERSITY AVENUE
HUNTSVILLE, TX 77340
ATTN: JUDY THORTON
CF #2012121287
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1a. INITIAL FINANCING STATEMENT FILE#
RECORDED 04 -18 -12 DOC. NO 12- 0012278306 OFFICE OF SOS
1 b. This FINANCING STATEMENT AMENDMENT is
ri to be filed [for record] or recorded) in the
[ t REAL ESTATE RECORDS.
2.1/1 TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the Secured Party authorizing this Termination Statement.
3. ❑ CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of the Secured Party authorizing this Continuation Statement is
continued for the additional period provided by applicable law.
4. I__I ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9.
5. AMENDMENT (PARTY INFORMATION): This Amendment affects Debtor pi ❑ Secured Party of record. Check only gne of these two boxes.
Also check gna of the following three boxes =I provide appropriate information in items 6 and /or 7.
ri CHANGE name and /or address: Please refer to the detailed instructions DELETE name: Give record name ADD name: Complete item 7a or 76, and also item 7c;
LJ in regards to changing the name /address of a party. ❑to be deleted in item 6a or 6b. ❑ also complete items 7e-7g (if applicable).
6. CURRENT RECORD INFORMATION:
OR
6a. ORGANIZATION'S NAME
CITY OF HUNTSVILLE
6b. INDIVIDUAL'S LAST NAME
FIRST NAME
MIDDLE NAME
SUFFIX
7. CHANGED (NEW) OR ADDED INFORMATION:
OR
7a. ORGANIZATION'S NAME
7b. INDIVIDUAL'S LAST NAME
FIRST NAME
MIDDLE NAME
SUFFIX
7c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
7d. SEE INSTRUCTIONS
ADD'L INFO RE 17e. TYPE OF ORGANIZATION
ORGANIZATION
DEBTOR
7f. JURISDICTION OF ORGANIZATION
7g. ORGANIZATIONAL ID #, if any
El NONE
8. AMENDMENT (COLLATERAL CHANGE): check only gne box.
Describe collateral ® deleted or ❑ added, or give entire ❑restated collateral description, or describe collateral assigned.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES.
9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an Assignment). If this is an Amendment authorized by a Debtor which
adds collateral or adds the authorizing Debtor, or if this is a Termination authorized by a Debtor, check here and enter name of DEBTOR authorizing this Amendment.
9a. ORGANIZATION'S NAME
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
OR
9b. INDIVIDUAL'S LAST NAME
FIRST NAME
MIDDLE NAME
SUFFIX
10 OPTIONAL FILER REFERENCE DATA
NSP LN #770999991262: CITY OF HUNTSVILLE
International Association of Commercial Administrators (IACA)
FILING OFFICE COPY — UCC FINANCING STATEMENT AMENDMENT (FORM UCC3) (REV. 05/22/02)
METES: AND BOUNDS DESCRIPTION of
907 Avenue P, ]Elrrntsville, Texas
Being a 0.2346 of an acre (10,218 square feet) tract eland located in the Pleasant Gray League,
Abstract 24, Walker County, Texas, being a portion of Lot 2, Block 66 of the .Huntsville'Towasite
and being all of that certain tract of land conveyed to the City of Huntsville, by deed recorded in
Volatile 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 lanil 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. 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 89 °39' 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 South 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 =
10,260,718.74 & 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 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:
GeoSnlutions, LLC
25814 Buckle Road
Spring, Texas
Tel. 281 -681 -9766
Job No. 12- 249 -030
1Ji3Y.w116..�_ .. to
PAGE"'
MARY E. CHRUSZCZAK
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
properties
Contact:
erties
Walker County Appraisal District
P. O. Box 1798
untsville, Texas 77342 -1798
Phone. -6 -295 =0402
();(`PiAal
Buyer
5- zo f.3
Date
FOR San Jacint , Coun
Contact:
San Jacinto
P. O. Box 1 '0
Coldspri ► g, Te , as 77331
Phone: 936 -653 1450
ounty Appraisal District
Buyer
Date
File No.: 2012121287
RECEIPT OF COPIES
The undersigned parties acknowledge that they have received copies of all
the documents signed at the closing.
Due to space restrictions and the cost of storage, Walker County Title
Company will not retain copies of all the documents the undersigned is receiving
today. It is the sole responsibility of the undersigned and is not the responsibility
of Walker County Title Company to maintain the records delivered today.
In the event the undersigned needs copies of the documents in the future,
they must be obtained from third parties, such as a lender or other provider
involved in this transaction.
SELLER SELLER
BUYER BUYER
ATTENTION
LENDERS
Walker County Title Company
does not retain copies of lender documents.