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CM-07-01-004111111111111111111111111111111111111111111111111111111111111 PAR 17 PG5 PARTIAL RELEASE OF PUBLIC UTILITY EASEMENT THE STATE OF TEXAS 2007006461 KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the Counties of Travis and Williamson, State of Texas, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by KATHY WILSON GLENN and JOHN G GLENN, the receipt and sufficiency of which is hereby acknowledged, does hereby ABANDON, RELEASE and DISCHARGE only the below -described portion of a 829.7' Public Utility Easement appearing on that certain final plat recorded in Cabinet P, Slides 108, of the Plat Records of Williamson County, Texas, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing a 829.7 square foot tract of land being a portion of Lot 4, Block A, Forest Creek Section 8, a subdivision in Williamson County, Texas, according to the Map or Plat thereof recorded in Cabinet P, Slide 108, of the Plat Records of Williamson County, Texas. Said 829.7 square foot tract being more particularly described by metes and bounds as indicated therein. This instrument is given specifically to release the described portion of said easement, which portion of said easement is terminated by abandonment, termination, vacation, and cessation of purpose, and which portion of said easement will be of no further effect, whether legal or equitable. IN WITNESS WHEREOF, the City of Round Rock, Texas has caused this instrument entitled qdayrtial curyRelease of Public Utility Easement" to be executed on this the of the month of 2007. A roved as to fo Step an L. S eets, City Attorney i- o -© I -o®4 00107834/jkg/rnp RELEASOR: CITY OF ROUND ROCK, TEXAS By: , City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON / This instrument was acknowledged before me on this the \ '2— day of the month of , 2007, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas in the capacity nd for the purposes and consideration therein expressed. Nota Public, State o Texas AFTER RECORDING RETURN TO: Stephan L. Sheets Sheets & Crossfield, P.C. 309 East Main Street Round Rock, Texas 78664 2 November 10, 2006 Field Notes for Kathy Glenn FIELD NOTE DESCRIPTION OF A 829.7 SQUARE FOOT TRACT OF LAND BEING A PORTION OF LOT 4, BLOCK A, FOREST CREEK SECTION 8, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING THE MAP OR PLAT THEREOF RECORDED IN CABINETP, SLIDE 108, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 829.7 SQUARE FOOT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; Beginning at an iron rod found at the most Northerly corner of said Lot 4, same being the common Westerly corner of Lot 4 and Lot 5 and being in the Easterly line of a tract of land described in a deed to the City of Round Rock recorded in Volume 2060, Pag.401, Deed Records, Williamson County, Texas, for the Northwest corner and POINT OF BEGINNING hereof. THENCE with the West line hereof being the West line of said Lot 4, same being the East line of said City of Round Rock tract, S 41°48'51" W for distance of 84.00 feet to an iron rod found at the common Westerly corner of Lot 3 and Lot 4, for the Southwest corner hereof. THENCE with the South line hereof being the South line of said Lot 4, same being the North line of said Lot 3, S 59°49'58" E for a distance of 10.21 feet to a point for the Southeast corner hereof. THENCE through and across said Lot 4 with the East line hereof, being a line parallel to and a perpendicular distance of ten feet to the East of the above described West line, N 41°58'51" E for a distance of 81.94 feet to a point in the North line of said Lot 4, same being the South line of said Lot 5, for the Northeast corner hereof THENCE with the North line hereof being the North line of said Lot 4, same being the South line of said Lot 5, S 48°10'59" E for a distance of 10.00 feet to the POINT OF BEgNNING and containing 829.7 square feet of land, more or less. Surveyed November 10, 2000 Description prepared November 10, 2006 by: Steve Brandt, R.P.L.S. No.4126 State of Texas Bearing Basis: Forest Creek Section 8, Cabinet P, Slide 108, Plat Records, Williamson County, Texas Sys.1\Glenn. wpd EXHIBIT "A" STATE OF TEXAS COUNTY OF WILLIAMSON RELEASE OF EASEMENT WHEREAS, the plat of Forest Creek, Section B, Round Rock, Texas, a subdivision in the County of Williamson, of record in Cabinet P, Slide 108 of the Property Records of Williamson County, Texas, and said record reflects a 10 foot PUE on the rear property line of Lot 4, Block A, of said subdivision, of record in Document 2000079208 of the Property Records of Williamson County, Texas, and as applicant requests the release of said easement on said lot, said lot being located at 2506 Crenshaw Drive, AND WHEREAS, all utilities are in place within other dedicated easements, and no further need exists for the above easement as reflected on said plat: NOW, THEREFORE, in consideration of the premises and in order to adjust because of proposed encroachment upon this easement, the undersigned do hereby abandon all right, title and interest in and to this easement, as described,in the above addressed lot in said subdivision. EXECUTED this day of October, 2006. .y 7 MGR -ENG. DESIGN SOUTHWESTERN BELL TELEPHONE, L.P., a Texas limited partnership, d\b\a AT&T Texas By: SBC TEXAS, L.L.C., a Delaware limited liability company, its general partner BEFORE ME, the undersigned authority, on this day personally appeared Philip LaRocca, Manager -Engineering Design, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration there expressed, as the act and deed of SOUTHWESTERN BELL TELEPHONE COMPANY and in the capacity therein stated. 14 GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 1 day of A� giber, 2006. Notary Public, State of Texas My commission expires )0 -(;:if 2.co pj October 12, 2006 City Manager City of Round Rock, Texas 221 E. Main Street Round Rock, Texas 78664 Re: Proposed release of a 10 foot PUE, along the rear of Lot 4, Block A, Forest Creek Subdivision AKA 2506 Crenshaw Drive in Round Rock, Texas .(see attached survey) Dear City Manager. The purpose of this request is to release fully the PUE to relieve the .encroachment by the installation of a swimming pool. After a thorough examination, the respective suppliers of utility service have not objection to this proposal and have indicated their agreement by signing below. Thank you for considering this request, Sincerely, Ka. by WO Glenn (592)248-2851 I have reviewed the above proposal for utility service purposes, and I have ria objections. Name: Signature: Utility Service Provider: Provider Mailing Address: Telephone: October 12, 2006 City Manager City of Round Rock, Texas 221 E. Main Street Round Rock, Texas 76664 Re: Proposed release of a 10 foot PUP, along the rear of Lot 4, Block A, Forest Creek Subdivision AKA 2505 Crenshaw Drive In Round Rock, Texas .(see attached survey) Dear City Manager: The purpose of this request is to release fully the PUE to relieve the encroachment by the installation of a swimming pobl. After a thorough examination, the respective suppliers of utility service have not objectlon,to this proposal and have indicated their agreement by signing below. Thank you for considering this request. Sincerely, athy Von Glenn (512)248-2951 6/2) 42v7Y h G. I have reviewed the above proposal for utility service purposes, and i have no objections. Name: Signature: Utility Service Provider; Provider Mailing Address: Telephone: Alimmimr Apri-no.5 Wm_om ,__T(7 0 /(/ 2 7J57-,77 October 12, 2008 City Manager City of Round Rode, Texas 221 E. Mtain Street Round Rock, Texas 78644 Re: Proposed release of a 10 foot PUE, along the rear of Lot 4. Block A, Forest Creek Subdivision AKA 2506 Crenshaw Drive in Round Rock, Texas .(see attach survey) Dear City Manager, The purpose of tills request is to relee fully the PUE to relieve the the Installation of a swimming encroachment try s � pool. After a thorough exarrdr'ration, the respective uppfera of utility service have not oblectionto this proposal and have indite their agreement byhing below. Thank you for considering this request. Sincerely, hyW ; C3lenn (512)248- •-1 I have revttewed the above proposal for utility service purposes, and f have no objections_ Name: Signature: Utility Service Provider. Provider Meiling Address: Telephone: LIC `7 '3(0(30. RELEASE OF EASEMENT The Developer shall submit a release of easement application containing a metes and bounds description and sketch of the proposed area to be released and signed by the owner of the land requesting the City to vacate the public easement, in order to release all or a portion of a public easement, including but not limited to a public utility easement, drainage easement, conservation easement, public access easement, or combination public easement. After approval by the City Manager, the easement shall be released when all owners and entities authorized to use the easement sign and acknowledge a release form, and the vacation instrument declaring the easement released is recorded. The purpose of a release of easement is to nullify a portion or the entire public easement established by a previously recorded plat or by separate instrument. A release of easement may be initiated by the respective lot owner, owners or by the City. RELEASE OF EASEMENT APPLICATION REQUIREMENTS The Developer shall submit a release of easement application that contains all of the following: �/ A copy of the property deed(s) identifying the owners of the lot; V A signed letter by the owners of the lot to the Planning Director containing the following: (i) A survey sketch or metes and bounds description including a description of the easement or portion of the easement to be. released including the lot description and orientation to the nearest lot line; (ii) An explanation of the purpose of the release request; and (iii) Signatures by the entities authorized to use the easement agreeing to the requested release of easement, on the form that follows; NOTE: One signed form is required for each appropriate public or private utility service provider including: ATMOS Energy, Perdenales Electric Cooperative, Oncor, City Engineer for the CORR, and Time Warner Cable. NOTE: NOTE: AT&T (formerly Southwestern Bell) may use a different release form (see below), as may individual utility service providers. V Payment of the $300.00 release of easement fee in accordance with the fee schedule adopted by City Council and provided in this Development Packet. October 12, 2006 City Manager City of Round Rock, Texas. 221 E. Main Street Round Rock, Texas 76694 Re: Proposed release of a 10 foot PUE�alonq the rear of Lot 4, Block AForest Creek SubdivieJOa AKA 2506 Crenshaw Dave in Round Ruck, Texas .(see attached Survey) . Dear City Manager: The purpose of this request is to release fully the PUE to relieve the enoreachrnent by the installation of a swimming pool. After a thorough examination, the respective suppliers of utility service have not objectionto thls proposal and have indicated their agreement by signing below. Thank you for considering this request. Sinoereiy, 1 have reviewed the above proposal for utility service purposes, and I have no objections, Narne: Signature:4440 Sys ���z r ����. (ftp.. 1)4A/ray IbiL0Erai te Utility Service Provider:v� Provider Mailing Address: 2mCD�_ f°/ (. t5 ial2�.✓� Telephone: 8 -DUN o /c . 75'644 57 - 2-13 -6646 11/07/2006 TUE 16:38 (TX/RX NO 8298] 8002 APPLICATION FOR EASEMENT RELEASE (to be sent to Southwestern Bell Telephone Co.) 1616 Guadalupe St., RM 503, Austin TX 78701 Jerry Rush 512-870-3283, FAX 512-870-5146, Louis Saha 512-870-5108 Application is hereby made for the release of the following easement(s) as described below: The easement(s) is on property legally described as: ,. Subdivision or Section: c;r (1,1- Lot 1 Lot and Block No: L,.A.. Plat book volume/page: %.o, v5, v-ve_ � ~` ex -cu, -)-4,a, � � 1 tug CS �` � � i� iC�.i 11l`' �'v"'.., 'S {^- Street Address: U (o E '-amu-)_ -'-,\A , , Provide common description of the easement requested .for release, indicating the amount of the easement to be released (provide a survey or plat of the area with the area to be released highlighted) NJ Property owner's name:--.1k..9._,,,,,tr b G 4-2 0 `, `.A.1../01 \.��� -�. v--\ v� T ; g; t i Mailing address: �' "� _� ��� Telephone No: :(;%s -f -`R ., ,'7'2%�I Note: if multiple owners are joining in this request, the complete names, addresses and phone numbers on each must be attached) Applicant/Agent's Name: -= 4R-c1L-c k; V./kJ ti \'y , t QAus,.. t ..� 0 k_-',...jj� Applicant's Address: Z� -�le'� `-5 (e ���GF vis— , vs_ Phone Y' ° ". '3-1 Fax: k, -fir r I.I7 The undersigned Owner/Applicant/Agent understands that the processing of this Easement ,Release Application will be handled in accordance with the Procedure for Requesting Release of Easements established by each utility company. It is further understood that 'acceptance of this application does not obligate the City to release the subject area. Signerkti',.: (,Land Owner/Applicgt/Agent To be sent to: 1616 Guadalupe St., RM 503, Austin TX 78701 along with survey plat showing legal description with volume and page of the property. WHEN RECORDED MAIL TO: I MSN SV -79 / DOCUMENT CONTROL DEPT. P.Q. BOX 10266 VAN NUYS, CALIFORNIA 91410-0266 LOAN #: 2378302 ESCROW/CLOSING #: 00103586 SPACE ABOVE FOR RECORDERS USE PARCEL ID it: PURCHASE MONEY DEED OF TRUST THIS DEED OF TRUST is made this 15th day of November , 2000 , among the Grantor, KATHY WILSON GLENN, A MARRIED PERSON AND JOHN G GLENN, SIGNING PRO FORMA TO PERFECT LIEN ONLY (herein "Borrower"), CTC REAL ESTATE SERVICES 400 COUNTRYWIDE WAY, MSN SV -88, SIMI VALLEY, CA 93065. , (herein "Trustee"), and the Beneficiary, AMERICA'S WHOLESALE LENDER a corporation organized and existing under the laws of NEW YORK 4500 PARK GRANADA, CALABASAS, CA 91302-1613 (herein "Lender"). BORROWER, in consideration of the indebtedness and conveys to Trustee, in trust, with power of sale, WILLIAMSON , State of Texas: LOT 4, BLOCK A, FOREST CREEK SECTION 8, COUNTY, TEXAS, ACCORDING TO THE MAP OR 108, OF THE PLAT RECORDS OF WILLIAMSON , whose address is hereinrecited and the trust herein created, irrevocably grants the following described property located in the County of A SUBDIVISION IN WILLIAMSON PLAT RECORDED IN CABINET P, SLIDE COUNTY, TEXAS which has the address of2506 CRENSHAW DRIVE, ROUND ROCK Texas 78664 (herein 'Property Address"); [ZIP Code] „ [Street, City) `TEXAS - SECOND MORTGAGE - 6/82 - PURCHASE MONEY - FNMA/FHLMC UNIFORM INSTRUME 00-76(7X) (9908) "CHL (03/99) Page 1 of 5 VIM MORTGAGE FORMS - (800)521-7291 !nit Ian • S844A 1113 11111 (IP 11 131A. LOAN #: 2378302 TOGETHER with all the improvements now or hereafter erected on the .property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property"; TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated -November 15 , 2000 and extensions and renewals thereof (herein "Note"), in the principal sum of U.S. $ 42,320.00 , with interest thereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on Dec embe r 1, 2015 ; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and. agreements of Borrower herein contained. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances. cif record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one -twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus one -twelfth of yearly premium instalments for hazard insurance, plus one -twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessment, and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds cvas made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amotmt of the Funds held. by Lender, together with the future monthly installments of Funds payable prior tb the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 16 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the lime of application as a credit against the sums' secured by this Deed of Trust. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, ;. assessments and other charges, fines and impositions attributable to the Property which may attain priority over this Deed of Trust, and leasehold payment; or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured. against loss by fire, hazards included within the terra "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. Ali insurance policies and renewals thereof shall be in a form acceptable to Leander and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. fa 79(TX) own) CHL (09/99) Page 2 of 5 Inst LOAN #: 2378302 If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date ''' notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security, If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary toprotect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related, to Lender's interest in -the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a .lien which has priority over this Deed of Trust. t: 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not 'be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amorinzation of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such ' right or remedy. • 11. Successors and Assigns Bound; Joint and Several Liability; Co-signer s. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender add Borrower, subject to the provisions of paragraph 15 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the ternis of this Deecl of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice -to Borrower provided for in this Deed of Trust :shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein orttb such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein: 13, Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law tb this Deed of. Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. A.s used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and this Deed of Trust at the time of execution or after recordation hereof. 15. Transfer of the Property or a Beneficial Interest in Borrower. If all or any#t.. part of the Property or any interest in it is sold or transferred (or if a'beneficial interest in Borrower is sold or transferred and Borrower is not` natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of Trust. t rlt-7s(xX) (9903) CHL (03/99) Page 3 of 5 Initla LOAN #: 2378302 if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 16. Acceleration; Remedies. Except as provided in paragraph 15 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower and to any other person required by applicable law as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure suck breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and. (4) that failure to cure such breach on or before the date specified hi the notice May result in acceleration of the sums secured by this Deed of Trust and sale of the property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale. and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 16, including, but not limited to, reasonable attorneys' fees. If Lender invokes the power of sale, Lender or Trustee shall give notice of the time, place and terms of sale by posting written notice at least 21 days prior to the day of sale at the courthouse door in each of the counties in which the Property is situatedl. Lender shall mail a copy of the notice of sale to Borrower in the manner prescribed by applicable law. Such sale shall be made at public vendue between the hours of 10 o'clock a.m. and 4 o'clock p.m. -on the first Tuesday in any month. Borrower authorizes Trustee to sell the Property to the highest bidder for cash in one ormore parcels and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying indefeasible title to the property so sold with covenants of general warranty. Borrower covenants and agrees to defend generally the purchaser's title to the' 'property against all claims and demands. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) toall reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. If the Property is sold pursuant to this paragraph 16, Borrower or any person holding possession of the Property through Borrower shall immediately surrender possession of the property to the purchaser at such sale. f possession is not surrendered, Borrower or such person shall be a tenant at sufferance and bray be removed by writ of possession. 17. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed `cif Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Propeitt+ pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust'if: (a) Borrower pays Lender all sums which would be then clue under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants anti agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 16 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action'as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interests in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust: and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.. 18. Assignment 'of saints; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigni ter Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 16 hereof or abandonment of the Property, have the right to collect and retain such refits as they'become due and payable. Upon acceleration under paragraph 16 hereof or abandonment of the Property, Lender, in person, by agent or .1Sf judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be•applied first"til Payment of the costs of management of the Property and collection of rents, including, but not limited to receiver's fees, premiums on receiver's bands and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the, receiver shall be liable to account only for those rents actually received. • 19. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall release this Deed of Tnst without charge to Borrower. Borrower shall pay all costs of recordation, if any. : *:. 20. Substitute Trustee. Lender, at Lender's option, with or without cause, may from time to time remove Trusted and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded :in the county in which this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succ all the title, power and duties conferred upon the Trustee herein and by applicable law. ; 76(TX) (9903) CHL (03199) D.,,e 4 of 5 ,fir aA LOAN #: 2378302 21. 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 Lender at Borrower's request and upon Borrower's representation that such amounts ,4re due and are secured by valid liens against the Property. Lender shall be subrogated to any and all rights, superior tides, liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless.4 whether said liens or debts are acquired by Lender by assignment or are released by the holder thereof upon payment. 22. 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. In the event that . any applicable law limiting the amount of interest or other charges permitted to be collected is interpreted so that any charge provided for in this Deed of Trust or in the Note, whether considered separately or together with other charges that are considered a part of this Deed of Trust and Note transaction, violates such law by • reason of the acceleration of the indebtedness secured hereby, or for any other reason, such charge is hereby reduced t� the extent necessary to eliminate such violation. The amounts of such interest or other charges previously paid to Lender in excess of the amounts permitted by applicable law shall be applied by Lender to reduce the principal of the indebtedness evidenced by the Note, or, at Lender's option, be refunded. 23. Purchase Money Deed of Trust; Vendor's Lien. The funds lent to Borrower under the Note secured hereby were used to pay all or part of the purchase price of the Property. The Note secured hereby also is primarily secured by the Vendor's Lien retained in the deed of even date herewith conveying the Property to Borrower, which Vendor'sLien has been assigned to Lender, this Deed of Trust being additional security therefor. The Note hereby 'secured is junior, inferior and secondary to that one certain Note of even date in the amount of $ 0.00, payable to REQUEST FOR NOTICE OF DEFAULT AND FORECI,OSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trustor other encumbrance with a lien which has priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed of Trust, bf any default under the superior encumbrance and of any sale or other foreclosure action. JN WITNESS WHEREOF, Borrower has executed this Deed of Trust. (Seal) -Borrower (Seal) -Borrower (Sign Original Only) STATE OF TEXAS, , County of r ,, " • BEFORE ME, ;,TCk n'e-- 11/44-4) P i € t p � C.,(2 (.4 ; cern.-. /06,10.4 "..- It- etit vn..- ,,iA" . f �--6.77'"1"'- on this day personally appeared on the oath of (or proved to me , known to me - or through -,i) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this i 5L day of My t +>iIRFS ly +. S9p7:+.tu' Eq.CO3', ,13,!'1F KOHLER t r76(TX) (9903) CHL. (03/99), o blic ,,tpwY JANE KOHLER Page 5 o 5 � * - MY COMMISSION EXPIRES 'rF p tE+�= September 19, 2003 Form 3844A SKETCH TO ACCOMPANY DE SCR /PTI ON OF A 829. 7 SQUARE FOOT TRACT OF LAND PROPOSED EASEMENT VACA T / ON BEING A PORTION OF LOT 4. BLOCK A. FOREST CREEK SECTION 8. A SUBDIVISION OF RECORD IN CABINET P. SL / DE 108 PLAT RECORDS. WILLIAMSON COUNTY. TEXAS NOW OR FORMERLY CITY OF ROUND ROCK " VOL.2060 PG.40/ GOLF COURSE S 41°48'51 " W /////////// SUBJECT TRACT 829.7 SQ. FT. 84.00' S 59°49'58"E 10.21' N 41°48'51- E N c N 0 O LOT 4 BLOCK A 8/.94' 0 ° 11-1 ID Ct • 25• POINT OF BEGINNING N 48°10'59"W 10.00" B.L. 15' P.U.E. (p/atl N 30° 10'04" E 20.09' X' MARKED ON DRIVE AT LOCATION OF AN IRON ROD FOUND 4-10-98 N 35°44'41- E C-39.85' A-39.9/' CRENSHA W DRI VE 50 ' R. O. W. - ASPH. PVMT. • BUILDING LINES PER CITY OF ROUND ROCK ZONING ORDINANCE AND AS STATED IN VOL. 2252. PG. 310. OFFICIAL RECORDS AND CABINET P. SL. 108. PLAT RECORDS WILLIAMSON COUNTY. TEXAS. BEARING BASIS: FOREST CREEK 8. CABINET P. SLIDE 108. PLAT RECORDS. WILLIAMSON COUNTY. TEXAS. DATE: /1-/0-00 SCALE I " - 20' LEGEND • iron rod found o iron rod set STEVE BRANDT 92 °FEsskO�'y�� 4126 P;'Q STEVE BRANDT. R. P. L . S. No. 4/26 STATE OF TEXAS BRAND T SURVEY I NG COMPANY. PROFESS / ONAL CORPORA T I ON 5524 BEE CAVE ROAD. SUITE F- / AUSTIN. TEXAS 78746 (5/2) 328-062/ FB. 199 PG. 4/ FC8 - 4A -FNS . GXD 6 JOB NO. 00-3064 CM -07-01-004 Partial Release of Public Utility Easement 10" 829.7 square feet, Lot 4, Blk A, Forest Creek, Section 8 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007006461 01/26/2007 08:34 AM PHERBRICH $84.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TX 78664 DATE: January 8, 2007 SUBJECT: City Manager Approval at the January 12, 2007 staff meeting ITEM: Release of an 829.7 square foot tract of land being a portion of Lot 4, Block A, Forest Creek Section 8, a subdivision of record in Cabinet P, Slide 8 of the Plat Records of Williamson County, Texas. Department: Planning and Community Development Staff Person: Jim Stendebach, Director of Planning and Community Development Lee Heckman, Senior Planner Justification: The property owner is requesting to release (829.7 sq. ft.) of a 10 -foot public utility easement to relieve the inadvertent encroachment by the installation of the resident's swimming pool. Funding: Cost: None Source of Funds: N/A Background Information: All the appropriate utility providers have reviewed the survey and have signed off on this release. The Legal Department has reviewed and approved the documents. Updated 3-10-05