CM-2015-748 - 4/24/2015City of Round Rock
REXASe ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a CDBG Home Repair Program Lien Release for Billy
Eugene and Marsha L. Smith.
Type: City Manager Item
Governing Body:
City Manager Approval
Agenda Date:
4/242015
Dept Director:
Susan Morgan
Cost:
$75.00
Indexes:
Attachments: LIEN RELEASE AND LAF FOR LEGISTAR.pdf
Department: Finance Department
Text of Legislative File CM -2015-748
Consider executing release of lien files under the CDBG Home Repair Program for Billy Eugene and Marsha L.
Smith. Mr. and Mrs. Smith received $20,443 in home repairs in 2007 on their home at 1403 Circle Drive. This
program required that a five year lien be placed on the property and could be released after it expired and if the
homeowner requested. Mr. and Mrs. Smith have stayed in their home for the five years required and are now
requesting that the lien be released.
Consider executing a Release of Lien under the CDBG Home Repair Program for Billy Eugene and Marsha L.
Smith. Mr. and Mrs. Smith have paid the $75.00 fee and are now requesting that Lien #2007058179 be
released.
Staff recommends approval.
City or Rouod Rock Page 1 PrinleC on MMOIS
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning/Community Development Project Name: Home Repair Program
Project MgrlResouroe: Liz Alvarado ContractorNendor: N/A
Council Action:
ORDINANCE F-1 RESOLUTION
FxJ City Manager Approval
Attorney
CMA Wording
Consider executing a CDBG Home Repair Program Lien Release for Billy Eugene Smith and Marsha L. Smith.
Date �� S
):\wdox\SCClnts\0179\1502\MUNICIPAL\00332982.XLS Updated 613108
RELG� 2015031291
RELEASE OF LIEN
Date: 2� ,2015
Note:
Date: June 14,2007
Original Amount: $20,443.00
Maker: Billy Eugene Smith and Marsha L. Smith
Payee: City of Round Rock,Texas,a Texas home rule municipality
Date of Maturity: as therein provided
Holder of Note and Lien: City of Round Rock,Texas,a Texas home rule municipality
Holder's Mailing Address(including county):
Attn: Community Development Assistant
City of Round Rock,Texas
221 East Main St.
Round Rock, Williamson County,Texas 78664
Note and Lien are Described in the Following Documents, Recorded in: Deed of Trust
(Home Repair Program), executed by Billy Eugene Smith and Marsha L. Smith to Charles D.
Crossfield, Trustee, dated June 14, 2007, recorded under Document No. 2007058179, Official
Public Records, Williamson County, Texas, securing one promissory note of even date for the
principal sum of $20,443.00, payable to the order of the City of Round Rock, Texas, a Texas
home rule municipality, and subject to all terms, conditions, and stipulations therein; including
any additional indebtedness secured thereby.
Property(including any improvements)Subject to Lien:
Lot 43 First Amended Addition to Trinity Place, an addition in and to the City of
Round Rock, Williamson County, Texas, according to the map or plat thereof
recorded in Cabinet A, slide 301-302, Plat Records, Williamson County,Texas.
Holder of the note and lien fully releases and discharges the above described Assignment, Note,
and Liens, and fully releases the Property described above from the lien and from all liens held
by Holder of the note and lien without regard to how they were created or evidenced.
Holder of the note and lien expressly releases all present and future rights to establish or enforce
the lien as security for the payment of any future or other advances.
332975/BK
CJJ1 -col6 - -1L4a
When the context requires,singular nouns and pronouns include the plural.
CITY OF ROUND ROCK,TEXAS,
a Texashome
hhome rule municipality
By: IQL(h7Ti7�� Fi�
Printed Name Laurie Hadl
Title: City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the I day of-=-'A-,
2015,by Laurie Hadley,the City Manager of the City of Round Rock,Texas,in the capacity and
for the purposes and consideration recited therein.
SARA LEH3H VYFIffE Notary PublA State-
' MV COMMISSION EXPIRES Printed Name: o
t, Wki4e
Y
My Commission Expires: ZjVjq
PREPARED IN THE OFFICE OF: Sheets&Crossfield,P.C.
Attorneys at Law
309 E. Main St.
Round Rock,Texas 78664
AFTER RECORDING RETURN TO: Sheets&Crossfield,P.C.
Attorneys at Law
309 E. Main St.
Round Rock, Texas 78664
2
c)V Q(3"a FFIADAND
SO RECORDED LIC CO 03191
Nancy E. Risley, County Clerk
Williamson County, Texas
^ � Nay 07, 2015 12:00 PN
b FEE: $25.00 TKIRK
ti
j
Date:
Gruntor's Mailing
11IIIIIIVI111111111111111111111111111111111 uT
9 PGS
DEED OF TRUST
(Home Repair and Rehabilitation Program)
2007058179
:NTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
OR STREKE ANY OF THE FOLLOWING INFORMATION
[ENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
CIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
BILLY EUGENE SMITH
MARSHA L. SMITH
1403 Circle lhi
Round Rock, Te
Williamson County Q
Trustees Stephan L. Sh
Trustee's Mailing Addrm (Joel county):
Stephan L. Sheets
309 East Main
Round Rock, Texas 78664
Williamson County
Beneficiary: City of Round Rock, Texas, a Texas4,-, 9'�'
Beneficiary's M*Uft Address (including county):City of Round Rock
Attn: Home Repair and Rehabilitation Program Miring
221 East Main
Round Rock, Texas 78664
Williamson County
Notes)
Date:
Amount:
11676L0179.07MIM
em -0-00 -n 5
1NA(_ ,2007
$200,443.00
(whether one or more). BILLY EUGENE SMITH
MARSHA L. SMITH
Pee. CITY OF ROUND ROCK, TEXAS, a Texas corporation
Property
Prior
As provided in the Note.
As provided in the Note.
The c more particularly described on Exhibit "A" attached to this
Deed o and s reference incorporated in it, all fixtures and improvements
situated the on rd ri iss and interests appurtenant thereto.
There are no prioXA ven date recorded in the real property records of
Williamson County, exgr7 i\
Other Exceptiooe
1. Note dated of even date het6wid
obligations and covenants in the
sole discretion, issues a releasee
the Deed of Trust lien that seeit(
enable it to he recorded in the r
and
2. Easements, rights-of-way, and prescri tide
presently recorded instruments that aff
of which Grantor assumes; and subsequent a:
change in land usage, ownership, or both, the
,r and Beneficiary (the "Note"). All
nate on the date Beneficiary, in its
future rights to establish or enforce
release shall be in such form as to
reds of Williamson County, Texas;
For value received and to secure payment of the Note, Grantor
in trust. Grantor warrants and agrees to defend the title to the
the obligations and covenants in the Note and pays the Note ac
c
Trust shall have no further effect, and Beneficiary shall release it
Grantor's Obligations
Grantor agrees to:
1. keep the Property in good repair and condition;
2. pay all taxes and assessments on the Property when due;
of record or not; all
for 2006, the payment
t and prior years due to
l Grantor assumes.
ly to Trustee
performs all
this Deed of
written agreement, then Beneficiary may:
a. declare the unpaid principal balance and carried in
due;
b. request Trustee to foreclose this lien, in which case B
agent shall give notice of the foreclosure sale as provid b'
Code as then amended; and
c. purchase the Property at any foreclosure sale by offering the
have the bid credited on the Note.
preserve the lien's priority as it is established in this Deed of Trust;
maintain, if applicable in a form acceptable to Beneficiary, an insurance policy that:
provides flood insurance at any time the Property is in a flood hazard area; and
b. ontains such other coverage as Beneficiary may reasonably require;
eli er the insurance policy to Beneficiary and deliver renewals to Beneficiary at
1 day efore expiration;
any gs occupied as required
by the insurance policy;
7
if a fi lien, pay all prior
lien notes that Grantor is personally able to pay
a ' e by r lien instruments;
8.
if or a Property or an interest in it (including a beneficial interest) is
1 r fe d without compliance with the terms of the Note and this Deed of
Trus y in full to Beneficiary all sums secured by this Deed of Trust;
and
9.
comply
al
a th,P Tams, representations, and conditions of the Note.
Benefteiary's Rig►ts
1.
Beneficiary me ' 'ng a substitute or successor trustee, succeeding to all
rights and tespons it' ' o tee
2.
If the proceeds o N to pay any debt secured by prior liens,
Beneficiary is subm t to e rights and liens of the holders of any debt so
paid.
3.
If applicable, Benefici ay apply y ceeds received under the insurance
policy either to reduce the Note to or replace damaged or destroyed
improvements covered by the cy.
4.
If Grantor fails to perform an of is ligations, Beneficiary may perform
those obligations and be reimb d by on demand at the place where the
Note is payable for my sums so par , . c a ey's fees, plus interest on those
sums from the dates of payment at the t s n the Note for matured, unpaid
amounts. The sum to be reimbursed y this Deed of Trust.
5.
If Grantor defaults on the Note, or if ffis—tooperform any of Grantor's
obligations, or if all or any pan of the Pro terest in it (including a
beneficial interest) is sold or transferred wi
u com ' c with the terms of the
Note and this Deed of Trust, or if default n pn lien note or other
instrument, and the default continues after Bene c g" for notice of the
default and the time within which it must be cured, _red by law or by
written agreement, then Beneficiary may:
a. declare the unpaid principal balance and carried in
due;
b. request Trustee to foreclose this lien, in which case B
agent shall give notice of the foreclosure sale as provid b'
Code as then amended; and
c. purchase the Property at any foreclosure sale by offering the
have the bid credited on the Note.
to foreclose this lien, Trustee shall:
or by agent give notice of the foreclosure sale as required by the
ode as then amended;
tor part of the Property to the highest bidder for cash with a general
antor, subject to prior liens and to other exceptions to conveyance
3.a ce s of the sale, pay, in this order:
a. a pf-fwclosure, including a commission to Trustee of five (5) percent of
b. to Bdnef61aryi do fulPITount of principal, interest, attorney's fees, and other
c. any amSunt04 y law to be paid before payment to Grantor; and
d. to Grantor v balmcChad
General Provisions
1. If any of the Property'isoylfinder this of Trust, Grantor shall immediately
surrender possession to thepurchaser. I fails to do so, Grantor shall become
a tenant at sufferance of the pure , sub' to action for forcible detainer.
2. If Grantor transfers any part of a ut Trustee's prior written consent,
Trustee may declare the Note i b s of Trust immediately payable and
invoke any remedies provided i this D rust for default. If the Property is
residential real properly containing S dwelling units or a residential
manufactured home occupied by Grant ce o to this provision are limited to
(a) a subordinate lien or encumbrance rot fer rights of occupancy of the
Property; (b) creation of a purchase -mon mtere for household appliances;
(c) transfer by devise, descent, or operation of aw c cath of a co -Grantor, (d)
grant of a leasehold interest of three years or with ption to purchase; (e)
transfer to a spouse or children of Grantor or tw c tors; (f) transfer to a
relative of Grantor on Grantor's death; and (g) o ' t 'vos trust in which
Grantor is an remains a beneficiary and occupant of e
3. Recitals in any Trustee's deed conveying the Property be s e to be true.
4. Proceeding under this Decd of Trust, filing suit for fore , or g any other
remedy will not constitute an election of remedies.
5. This lien shall remain superior to liens later created even if e ' e t of all
or part of the Note is extended or part of the Property is rel
6. If any portion of the Note cannot be lawfully seemed by this Dee T ents
shall be applied first to discharge that portion.
7. Grantor assigns to Beneficiary all sums payable to or received b
condemnation of all or part of the Property, from private sale in lieu o copra pr(,
v��
and from damages caused by public works or construction on or near the Property.
After deducting any expenses incurred, including attorney's fees, Beneficiary may
lease any remaining sums to Grantor or apply such sums to reduce the Note.
B ficiary shall not be liable for failure to collect or to exercise diligence in
Oil tin such sums.
F g th maturity of the above described Financial Institution loan, Grantor
'gns t ficiary absolutely, not only m collateral, all present and future rent
and eom and receipts from the Property. Prior to such maturity Borrower's
his I o 'se under this paragraph 7. Leases are not assigned. Grantor
w y and enforceability of the assignment. Grantor may as
ci s 1' collect rent and other income and receipts as long as Grantor is
not f the Note or this Deed of Trust. Grantor will apply all rent and
o 0 e ipts to payment of the Note and performance of this Deed of
Trust, b if e r t d olhbC income and receipts exceed the amount due under the
Note an o \,Grantor may retain the excess. If Grantor defaults in
payment o 0 or ormance of this Deed of Trust, Beneficiary may terminate
Grantor's lic to I then as Grantor's agent may rent the Property if it is
vacant and col d er income a� receipts. Beneficiary neither has nor
assumes any soli stipp� e r Word with respect to any occupant of the
Property. Beneficr �rffay se eficiarys rights and remedies under this
paragraph 7 without ' n of the Property. Beneficiary shall apply all rent
and other income an i collected er this paragraph 7 first to expenses
incurred in exercising eficiary's ' is d remedies and then to Grantor's
obligations under the Note and'. DC oof Trust in the order determined by
Beneficiary. Beneficiary is no U o t er this paragraph 7, and acting
this s paragraph 7 does no f B eficiary's other rights or remedies. If
Grantor becomes a voluntary or volan pt, Beneficiary's filing a proof of
claim in bankruptcy will be tantamo a or of a receiver under Texas law.
9. Interest on the debt secured by this D bbseh st shall not exceed the maximum
amount of nonusurious interest that ma ed for, taken, reserved, charged,
or received under law; any interest in t imam amount shall be
credited on the principal of the debt or, if t paid, refunded. On any
acceleration or required or permitted prepa t any a cess shall be canceled
automatically as of the acceleration or preps t or, if paid, credited on the
principal of the debt or, if the principal of the a 'd, refunded. This
provision overrides other provisions in this and all the r is concerning the
debt.
10. Grantor represents that this Deed of Trust and the t given security for
money provided for home repairs on the Property.
11. Except where otherwise required or permitted by the Bene ec n with a
transfer on death, divorce, legal separation, or legal ince i o a for as
provided in the Note, the Note and this Deed of Trust may not
12. IF Grantor fails to pay any part of principal or interest secured by i h
on the Property when it becomes payable or defaults on any prior li t, e
5
debt secured by this Deed of Trust shall immediately become payable at the option of
Beneficiary.
3 neficiary and Grantor acknowledge and agree that this Deed of Trust is subject and
so rdinate in all respects to the liens, terms, covenants and conditions of the prior
an and to all advances heretofore made or which may hereafter be made pursuant to
th ien, including all sums advanced for the purpose of (a) protecting or further
'ng lien of the prior lien or (b) con g, renovating, repairing,
, x ' or equipping the Property. The terms and provisions of the prior
P t and controlling, and they supersede any other terms and
sto i+.�D�ed of Trust in conflict therewith. In the event of a foreclosure or
1' of reclosure of the prior lien, any provisions herein or any provision in
any c a ant restricting the use of the Property to low or moderate income
hou r othe 'se restricting the Grantor's ability to sell the Property shall have
no forth f e o e act ubsequent owners or purchasers of the Property. Any
pe7 cI g s rs or assigns (other than the Grantor or a person or
the Beneficiary.
14. To the extent not inconsistent h is eed of Trust and the Note shall be
governed by the laws of Texas d e 1 Jurisdiction in which the Property is
located.
15. When the context requires, singular no agd N )no include the plural.
16. The tern "Note" includes all sums sec U � of Trust.
17. This Deed of Trust shall bind, inure to , an be exercised by successors
in interest of all parties.
18. If Grantor and Maker are not the same per n the "Grantor" shall include
Maker.
entity re
r), receiving title to the Property through foreclosure or
deed in lieu of rec
a prior lien shall receive title to the Property free and
clear from so
F
er, if the Financial Institution acquires title to the
Property pursuant o
n ]
this
u o reclosure, the lien of Deed of Trust shall
automaticallypo
r al Institution's acquisition of title, provided
Drat (i) the Benefici
n written notice of a default under the prior lien
and (ii) the BeneSci
an er party act on its behalf) shall not have cored the
default under the prior li
r diligenU u curing the default as determined by
the Financial Institution,
within the ' ty- pe
'od provided in such notice sent to
AND DELIVERED as of the date first above written.
4�
Billy E�ugenni Smith �
G,� ZJ4774
Marsha L. Saith
ATTACHED EXHIBIT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged
2007 by Billy Eugene Smith.
STATE OF TEXAS
COUNTY OF WB.I
This instrument was acknowledged before me on this the
2007 by Marsha L. Smith.
day of 40,L-e—
AS'
RETURN TO:
ny o Round Rock
,A'B* H me Repair and Rehabilitation Program Manager
78664
EXHIBIT "A"
(Legal Description of Property)
any improvements) referred to in this agreement is described as
lition to Trinity Place, an addition in and to the City of
County, Texas, according to the map or plat thereof
de 301-302, Plat Records, Williamson County, Texas.
0
Cf DM N1A6T p 'T
221 EASTMAMAINd7Rt?G'C
ROUN13 ROBIE; 7E9" ToW
- 9 �JJ�
FILED AND RECORDED
OFFICIAL PUBLIC EMS 2070179
07/19/2997 91:11 PM
MILLER W."
RRRCY E. RISTER. COUNTY CLERK
UILLIMSON COUNTY, TEXAS