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CM-2015-851 - 8/7/2015ELECTRONICALLY RECORDED 2015070216 Williamson County Texas RE, LEASE OF LIEN Date: 2015 Note: Date.- I'ebruat ;, 26, 2.006 Orio-inal Amount: $5,000.00 Maker -,.Katherine Nod ues Pay= City of Round 11.ock, Texas. a Texas home rule municipality Daic of Maturity: tis therein provided Holder of Note and Lige: City of Round Rocf;, Texas. 3 ` e'.sas home rule municipality Holder's Mailhig Address (including county): City of Round Rock, Texas .ik un- Dosv-n aayment Assistance l'rogr� n.i IvIarittge 221 East Main St. Round Rock, Williainson County, Texas 118664 Note and Lien are described in the Following Documents, Recorded in: Deed of Trusi (Holnc oi-vnei:ship Assistance Program), executed by Katherine Nogues. to Charles D. Crossfield, dated 02121/2003. recorded under Document No. 2003016818, 01-11cial Public Records, wi.11imison County, Texas, securing one promissory note of even date. for the principal sum of S5,000.00, payable to the circler of the City of Round flock, Texas, a 'Texas hope rule municipality. and si.1bec€ to all terms, conditions; and stipulations therein; including any additional inde luedness secured tbereby. Property (including any improvements) Subject to Lien: Lot 21, Block "C' Chisholm V -alley South. Section One, a .subdivision in Williamson County. Texas. accordintl to. the ntap or Plat thereofrecorded in Cabinet l:), Slides 124_.123, fiat Records of Willimnson County, Texas. Bolder of the nate and lien fully releases and discharges -the: Above described Note and Dien, and ffilly releases the; Property described above f oto the lien. Holder of the note and lien expressly releases all present and future rights to establish or enforce the lien as security liar the pa3nnent of any future or other advances. 33% 9 62) 1 b When the; context requires, singular nouns <znd pronouns include rhe plural. CITY OF ROL"ND ROCK, TEXAS, a 'l'exas houte mile municipality r Prillted Narn : Laurie adley Title: City manager A('l<N(3WLEbG'.MEN'f* This instrument was acknowledged before me on this the gl d.�*, of Avilm,54- 7{}1;), by l:.aL ie fladley} the CityNlanager of'the City of Round Rock 1'exas, in the lapacity and -for the purposes mid consideration recited therein. Asxh F.ADNotary l.ubl' t State of mycommIS9a14EXPIats Printed Name: Al k . y. ..+P :hey C,ommissioll Ex-pires:.r. PREPARED IN PrHE OFFICE OF: AFT:FR RECORDING :RETURN TO: Sheets & Crossfield, P.C. Attorneys at Law 309 1".. Main St. Round Rack, "texas ?8664 Sheets & Crossfield, P.C. Attor eys at I,. a'sv 309 E. Mcifii St.. Round Rock ,1 exa. 7866=1 -� 41;r '1 03p(p77a200301619 6 P9s&4bU0617 DEED OF TRUST (Downpayment Assistance Program) a single person county): Trustee: Charles D. 1pro4field �ZTrustee's Mailing Addr g c ty): Charles D. Crossfi 309 East Main Round Rock, Texas 78 64 Williamson County, Tex Beneficiary: City of Round Rock, , a corporatia Beneficiary's Mailing Address (including county): Attn: Downpayment Assistance Pro r City of Round Rock, Texas 221 East Main Round Rock, Texas 78664 Williamson County, Texas Note(s) Date: 01-1.S-43 Amount: $5,000.00 Maker: KATHERINE E. NOGUES Payee: CITY OF ROUND ROCK, TEXAS, a Texas corp 'on Final Maturity Date: As provided in the Note. Terms of Payment (optional): As provided in the Note. Property (Including any improvements): The certain real property more particularly desenbed on Exhibit "A" attached to this this reference incorporated is it, all fixtures and improvements situated thereon and interests appurtenant thereto. %I (s) (including recording information): securing another note in the original principal amount of $ 107,500.00, of even date, executed by to payable to the order of STERLING CAPITAL MORTGAGE. (herein "Financial Institution"), inc with limitation the liens evidenced by that certain deed of trust and security agreement, of ea , ecut by Grantor in favor of Financial Institution and recorded in the real property records of Other cep to onv nc and Warranty: 1. to a herewith, between Grantor and Beneficiary (the "note"). All obligations and ov the to shall terminate on the date Beneficiary, in its sole discretion, issues a release of p ant rights to establish or enforce the deed of trust lien that secures the note. The rel e 1 in such orm as to enable it to be recorded in the real property records of Williamson County, T as; 2. Easemen ri of-wa an escriptive rights, whether of record or not; all presently recorded instruments the roparty; taxes for 2003, the payment of which Grantor assumes; and subsequent en r prior years due to change in land usage, ownership, or both, the payment of whic s. For value received and to secure ay e of n for conveys the property to Trustee in trust. Grantor warrants and agrees to defend the is to th r rentor performs all the obligations and covenants in the note and pays the note according to i of trust shall have no further effect, and Beneficiary shall release it at Grantors expense. Grantor's Obligations Grantor agrees to: n*o 1 . keep the property in good repair and co ition; 2. pay all taxes and assessments on the prope ue; 3. preserve the lien's priority as it is established in t; 4. maintain, in a form acceptable to Beneficiary, ' po cY that: a. covers all improvements for their full ' ble value ' ed when the policy is issued and renewed, unless Beneficiary approves a a in wn b. contains an 80% coinsurance clause; c. provides fire and extended coverage, including t co e; d. protects Beneficiary with a standard mortgage c e. provides flood insurance at any time the property is in E contains such other coverage as Beneficiary may reasonab ; 5. comply at all times with the requirements of the 80% co' c ; 6. deliver the insurance policy to Beneficiary and deliver renewals B expiration; 7. keep any buildings occupied as required by the insurance policy; 8. if this is not a first lien, pay all prior lien notes that Grantor is perso a ' prior lien instruments; 9. if all or any part of the Property or an interest in it (including a beneficial without compliance with the terms of the note and this deed of trust, in Beneficiary all sums secured by this deed of trust; and 10. comply at all times with the terms, representations, and conditions of the note. 2. at bast ten days before to pa andybide by all ,or transferred Y in to e a 's Rights 2. 5fici nsi 1fompr may appoint in writing a substitute or successor trustee, succeeding to all rights and ies of TRustee. & of the note are used to pay any debt secured by prior liens, Beneficiary is subrogated to !4. I an r fails giffibursed' OIG ' a or e S. or dpfl any comp an wit other iM!qum<' time witniq W Beneficiary pad liens of the holders of any debt so paid. apply any proceeds received under the insurance policy either to reduce the note or to ed or destroyed improvements covered by the policy. p omi any of Grantor's obligations, Beneficiary may perform those obligations and b for on demand at the place where the note is payable for any sums so paid, plus interest on those sums from the dates of payment at the rate stated in the I aid amounts. The sum to be reimbursed shall be secured by this deed of trust. 4Ul�,thv note, or if Grantor fails to perform any of Grantor's obligations, or if all or ro r an interest in it (including a beneficial interest) is sold or transferred without :4an of the ote aad this deed of trust, or if default occurs on a prior lien note or defa t c times after Beneficiary gives Grantor notice of the default and the it �p , as may be required by law or by written agreement, then a. declare the Kaidyrrb b. request T notice of the o to c. purchase the p credited onthe no . 6. If the Grantor defaults o Trust, the Beneficiary A correspondence trn ismitted Trustee's Duties If requested by Beneficiary to foreclose this lien, ,ce and carried interest on the note immediately due; lien, in which can Beneficiary or Beneficiary<s agent shall give rovid y the Texas Property Code as then amended, and cc ure We by offering the highest bid and then have the bid orAA to perform any of Grantor`s obligations under this Deed of the Financial titution, a prior lienholder, with copies of AU for rep-ardine,4ffie default or notice of acceleration. 1. either personally or by agent give notice dMaTEpdosure w as then amended; 2. sell and convey all or part of the property th hi2sd binding Grantor, subject to prior liens and to o r excepti 3. from the proceeds of the sale, pay, in this order. a. expenses of foreclosure, including a commission torus b. to Beneficiary, the full amount of principal, in(I unpaid; c. any amounts required by law to be paid before paym d. to Grantor, any balance, and 4. if the prior lien has not been released, give written notice default under this deed of trust and a copy of the notice of fo General Provisions as required by the Texas Property Code for cash with a general warranty �eyance and warranty; the bid; p� and other charges due and that Grantor is in 1. If any of the property is sold under this deed of trust, Grantor shall to the purchaser. If Grantor fails to do so, Grantor shall become a tenant ace subject to an action for forcible detainer. 2. Recitals in any Trustee's deed conveying the property will be presumed to be . 3. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any o constitute an election of remedies. 4. This lien shall remain superior to liens later created even if the time of payment o note is extended or part of the property is released. S. If any portion of the note cannot be lawfully secured by this deed of trust, payments first to discharge that portion. 3. possession not Grantor assigns to Beneficiary all sums payable to or received by Grantor from condemnation of an or part of the property, from private sale in lieu of condemnation, and from damages caused by public rks or construction on or near the property. After deducting any expenses incurred, including a ey's fees Benefici ma release an r~amm& sums to Grantor or 1 such sums to reduce �'Y Y Y -----o � Y Othe te, Bmeficlary shall not be liable for failure to collect or to exercise diligence in collecting any win sturity of the above-described Financial Institution loan, Grantor assigns to ene i ly, not only as collateral, all present and future rent and other income and receipts th prop 'or to such maturity Borrower's rights shall not arise under this paragraph 7. are not . Grantor warrants the validity and enforceability of the assignment. Grantor y as . nsee collect rent and other income and receipts as Iong as Grantor is not in of the to or this deed of trust, Grantor will apply all rent and other income and receipts to pa of n d performance of this deed of trust, but if the rent and other income and receipts ex th nt due der the note and deed of trust, Grantor may retain the excess. If Grantor de pa n of a not or performance of this deed of trust, Beneficiary may terminate Grantors is to U t an as Grantor's agent may rent the property if it is vacant and collect all rent 0 co a pts. Beneficiary neither has nor assumes any obligations as lessor or landlord wi o an cupant of the property. Beneficiary may exercise Beneficiary's rights and remedies un this 7 without taking possession of the property. Beneficiary shall apply all rent and oth ' ei is collected under this paragraph 7 fust to expenses incurred in exercising Benefic' s ri edi d then to Grantor's obligations under the note and this deed of trust in the rd t B ficiary. Beneficiary is not required to act under this paragraph 7, and a ' der 7 does not waive any of Beneficiary's other rights or remedies. If Grantor b a un or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tan t t e appoint of a fiver under Texas law. S. Interest on the debt secured deed of thus I n t exceed the maximum amount of nonusuriouts interest that may be contracted for, tak err c ed, or received under law; any interest in excess of that maximum amount shall b relit on e p - ipal of the debt or, if that has been paid, refunded. On any acceleration or re d p ayment, any such excess shall be canceled automatically as of the acceleration p t or ' already paid, credited on the principal of the debt or, if the principal of the debt has pai . This provision overrides other provisions in this and aU other instruments 9. Grantor represents that this deed of trust and th o e iv in part payment for pu rchme-money on the property. 10. Except where otherwise required or permitte by e B in connection with a transfer on death, divorce, legal separation, or Iegal incapaci for as riled in the note, the note and this deed of trust may not be assumed. 11. If Grantor fails to pay any part of principal or interest sec b 'o lien or liens on the property when it becomes payable or defaults on any prior lien ' from ,the t ured by this deed of trust shall immediately become payable at the option of Bene c' 12. Beneficiary and Grantor acknowledge and agree that this deed f js j and subordinate in all respects to the liens, tem, covenants and conditions of the 'or and advances heretofore made or which may hereafter be made pursuant to the prior li I s advaimed for the purpose of (a) protecting or further securing the lien of the prior ' o cons , reaovatutg, repairing, furnishing, fixturing or equipping the Property. The terms pro h of a prior lien are paramount and controlling, and they supersede any other terms and p i of this of trust in conflict therewith. In the event of a foreclosure or deed in lieu of fo o lien, any provisions herein or any provision in any collateral agreement restricting the petty to low or moderate income households or otherwise restricting the Grantor's ability o se 11Mshall have no further force or effect on subsequent owners or purchasers of n, including his successors or assigns (other than the Grantor or a person or entity re ), receiving title to the Properly through foreclosure or deed in lieu of foreclosure o li receive title to the Property free and clear from such restrictions. Further, if the do acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Shan automatically terminate upon the Financial Institution's acquisition of title, provi h) Beneficiary has been given written notice of a default under the prior lien and (ii) the (o 4. 17. another party acting on its behalf) shall not have cured the default under the prior lied, or diligently pursued curing the default as determined by the Financial Ynstitution, within the sixty-day period vided in such notice sent to- the Beneficiary. dead of trust and the note implement 42 USC 12701 et seq.. and 24 GTR Part 92 and shall be co trued . accordance therewith. To the extent not inconsistent therewith, these documents shall be g by laws of Texas and the local jurisdiction in which the Property is located. the t requbw, singular nouns and pronouns include the plural. e des all sums secured by this deed of trust. s of twt 11 bind, inure to the benefit of, and be exercised by successors in interest of all ATTACHED EXHIBIT not the same person, the term "Grantor" shall include Maker. of the date first above written. GRANTOR: } --z KATHERINE a xocves tl A - I-eCalPesc-aPtio STATE OF TEXAS COUNTY OF WHIJAMSON This insh went was acknowledged KATHERINE E. NOGUES. PLL4LSE RETURN TO: Attn: Downpayment Assistance Program Manager City of Round Rock, Texas 221 East Main Round Rock, Texas 78664 Williamson County, Texas of lj"hg 2003 6v 1 vv8 v&. 1 v 1 WAMU v v8 v lIs lfdi .1 on in ilI C et b, EXHIBIT A (Legal Description of Property) any improvements) referred to in this agreement is described as follows: , Block "C", CHISHOLM VALLEY SOUTH SECTION ONE, a arson County, Texas, according to the map or plat thereof recorded ' q-123, Plat Records of Williamson County, Texas. v� '0 0 fffICI11LA 2015070216 Electronically Recorded OFFICIAL PUBLIC RECORDS Nancy E. Rister, County Clerk 8/12/2015 9:03 AM Pages: 8 Fee: $ 49.00 Williamson County Texas 6. RELEASE OF LIEN Date: -7 , 2015 Note: Date: February 26, 2006 Original Amount: $5,000.00 Maker: Katherine Nogues Payee: City of Round Rock, Texas, a Texas home rule municipality Date of Maturity: as therein provided This document has been recorded electronically. Holder of Note and Lien: City of Round Rock, Texas, a Texas home rule municipality Holder's Mailing Address (including county): City of Round Rock, Texas Attn: Downpayment Assistance Program Manager 221 East Main St. Round Rock, Williamson County, Texas 78664 Note and Lien are described in the Following Documents, Recorded in: Deed of Trust (Homeownership Assistance Program), executed by Katherine Nogues. to Charles D. Crossfield, dated 02/21/2003, recorded under Document No. 2003016818, Official Public Records, Williamson County, Texas, securing one promissory note of even date for the principal sum of $5,000.00, 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 21, Block "C" Chisholm Valley South, Section One, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet D, Slides 122-123, Plat Records of Williamson County, Texas. Holder of the note and lien fully releases and discharges the above described Note and Lien, and fully releases the Property described above from the lien. 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. tM 7l>lS d'S/ 339621bk When the context requires, singular nouns and pronouns include the plural. CITY OF ROUND ROCK, TEXAS, a Texas home rule municipality 9 By: Printed Nam6: Laurie adley Title: City Manager ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the ! J ' day of tq- 2015, by Laurie Hadley, the City Manager of the City of Round Rock, Texas, in thud for the purposes and consideration recited therein. teuEppgMs Notary Publ' , St to of MV C� M�� I�N IXPIRES Printed Name: 6 1 "' pittix f My Commission Expires: • / • S PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C. Attorneys at Law 309 E. Main St. Round Rock, Texas 78664 Sheets & Crossfield, P.C. Attorneys at Law 309 E. Main St. Round Rock, Texas 78664 GiL`fl1�Jl1 ir�.1!�Ilh`rl � .:1 ne. 1 v � 03b(p77-S13 2003016e19 6 Pes �Gcs g�05-7P DEED OF TRUST (Downpayment Assistance Program) a single person county): Trustee: Charles D. Pro*field Trustee's Mailing Ad dr g c nty): Charles D. Crossfi d 309 East Main Round Rock, Texas 78 64 Williamson County, Tex Beneficiary: City of Round Rock, , a as corporatio Beneficiary's Mailing Address (including county): Attn: Downpayment Assistance Pro Man r City of Round Rock, Texas 221 East Main Round Rock, Texas 78664 Williamson County, Texas Note(s) Clel Date: Amount: $5,000.00 Maker: KATHERINE E. NOGUES Payee: CITY OF ROUND ROCK, TEXAS, a Texas co, rpo 'on Final Maturity Date: As provided in the Note. Terms of Payment (optional): As provided in the Note. Property (including any improvements): The certain real property more particularly described on Exhibit "A" attached to this this reference incorporated in it, all fixtures and improvements situated thereon and interests appurtenant thereto. n Li (s) (including recording information): ns securing another note in the original principal amount of $107,500.00, of even date, executed by to payable to the order of STERLING CAPITAL MORTGAGE. (herein "Financial Institution"), inc tivith limitation the liens evidenced by that certain deed of trust and security agreement, of en ecute by Graator in favor of Financial Institution and recorded in the real property records of Other F(1cep is to_Tonveygnc-b.and Warranty: 1.�OvanL:afe herewith, between Grantor and Beneficiary (the "note"). All obligations and to shall terminate on the date Beneficiary, in its sole discretion, issues a release of aII p ent rights to establish or enforce the deed of trust lien that secures the note. The rel e 1 in such orm as to enable it to be recorded in the real property records of Williamson County, T as; 2. Easetnen ri of-wa an escriptive rights, whether of record or not; all presently recorded instruments the roperty; taxes for 2003, the payment of which Grantor assumes; and subsequent ass en r prior years due to change in land usage, ownership, or both, the payment of whic S. For value received and to secureay4c of warrants and agrees to defend the ti to th note and pays the note according to i , release it at Grantor's expense. Grantor's Obligations Grantor agrees to: e; Gr for conveys the property to Trustee in trust. Grantor rantor performs all the obligations and covenants in the Cd of trust shall have no further effect, and Beneficiary shall 0 l . keep the property in good repair and co ition; 2. pay all taxes and assessments on the prope ue; 3. preserve the lien's priority as it is established in 's t; 4. maintain, in a form acceptable to Beneficiary, po cy that: a. covers all improvements for their full ins ble value 'ned when the policy is issued and renewed, unless Beneficiary approves a sm in writin b. contains an 80% coinsurance clause; c. provides fire and extended coverage, including t co e; d. protects Beneficiary with a standard mortgage cl e. provides flood insurance at any time the property is in ea f. contains such other coverage as Beneficiary may reasonab ; 5. comply at all times with the requirements of the 80% coins e cl ; 6. deliver the insurance policy to Beneficiary and deliver renewals Ben i expiration; 7. keep any buildings occupied as required by the insurance policy; 8. if this is not a first lien, pay all prior lien notes that Grantor is perso a prior lien instruments; 9. if all or any part of the Property or an interest in it (including a beneficial ' without compliance with the terms of the note and this deed of trust, in Beneficiary all sums secured by this deed of trust; and 10. comply at all times with the terms, representations, and conditions of the note. 2. at lust ten days before to M anafbide by all /or transferred ay in 1 to e flci 's Rights eficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and re nsibilities of Trustee. 2. If a proc 0 of the note are used to pay any debt secured by prior liens, Beneficiary. is subrogated to nigh d liens of the holders of any debt so paid. 3 efici apply any proceeds received under the insurance policy either to reduce the note or to repa. aged or destroyed improvements covered by the policy. I ran r fails p orm any of Grantor's obligations, Beneficiary may perform those obligations and e r ' bursed for on demand at the place where the note is payable for any sums so paid, ud' a s s, plus interest on those sums from the dates of payment at the rate stated in the of or ed paid amounts. The sura to be reimbursed shall be secured by this deed of trust. 5. I G or d u the note, or if Grantor fails to perform any of Grantor's obligations, or if all or any art 7. rope rty r an interest in it (including a beneficial interest) is sold or transferred without comp ianc wi a of the ote and this deed of trust, or if default occurs on a prior lien note or other ins nt, an defa t c tinues after Beneficiary gives Grantor notice of the default and the time wi w is it i✓ d, as may be required by law or by written agreement, then Beneficiary a. declare the aid b. request Tru notice of the or losur c. purchase the pr credited on the no . 6. If the Grantor defaults o t Trust, the Beneficiary sha] correspondence transmitted Trustee's Duties If requested by Beneficiary to foreclose this lien, tee and carried interest on the note immediately due; lien, in which case Beneficiary or Beneficiary's agent shall give rovideMZy the Texas Property Code as then amended, and ec a le by offering the highest bid and then have the bid or faffs to perform any of Grantor's obligations under this Deed of the Financialktstitution, a prior lienholder, with copies of all for reRardinztfre delhult or notice of acceleration. 1 . either personally or by agent give notice o�TO- osure sl as then amended; 2. sell and convey all or part of the property t th hi st binding Grantor, subject to prior liens and too r excepti 3. from the proceeds of the sale, pay, in this order a. expenses of foreclosure, including a commission to rus b. to Beneficiary, the full amount of principal, inte est, unpaid; c. any amounts required by law to be paid before payor d. to Grantor, any balance, and 4. if the prior lien has not been released, give written notice default under this deed of trust and a copy of the notice of fo General Provisions as required by the Texas Property Code for cash with a general warranty reyance and warranty; the bid; p, and other charges due and 1. If any of the property is sold under this deed of trust, Grantor shall ' 'ate to the purchaser. If Grantor fails to do so, Grantor shall become a tenant a subject to an action for forcible detainer. 2. Recitals in any Trustee's deed conveying the property will be presumed to be 3. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any constitute an election of remedies. 4. This lien shall remain superior to liens later created even if the time of paymet note is extended or part of the property is released. 5. If any portion of the note cannot be lawfully secured by this deed of trust, pays first to discharge that portion. 3. iron that Grantor is in suyt+endey possession Grantor assigns to Beneficiary all sums 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 rks or construction on or near the property. After deducting any expenses incurred, including 54 ey's fees Beneficiary may release any remaining sums to Grantor or apply such sums to reduce the ote. B eficiary shall not be liable for failure to collect or to exercise diligence in collecting any s S. 7. owin aturity of the above-described Financial Institution loan, Grantor assigns to ene ci ly, not only as collateral, all present and future rent and other income and receipts th grope or to such maturity Borrower's rights shall not arise under this paragraph 7. are not . Grantor warrants the validity and enforceability of the assignment. Grantor y as 'censee collect rent and other income and receipts as long as Grantor is not in of t r the to or this deed of trust. Grantor will apply all rent and other income and receipts to payrn of n dperformance of this deed of trust, but if the rent and other income and receipts exc d ount due der the note and deed of trust, Grantor may retain the excess. If Grantor defa pa en of a not or performance of this deed of trust, Beneficiary may terminate Grantor's is se to 11 tan the as Grantor's agent may rent the property if it is vacant and collect all rent an 0th co a pts. Beneficiary neither has nor assumes any obligations as lessor or landlord wi c o an occupant of the property. Beneficiary may exercise Beneficiary's rights and remedies un this a 7 without taking possession of the property. Beneficiary shall apply all rent and oth o cer is collected under this paragraph 7 first to expenses incurred in exercising Benefic' s ri re edies Lnd then to Grantor's obligations under the note and this deed of trust in the rdrt r Ben ficiary. Beneficiary is not required to act under this paragraph 7, and ac ' der s a 7 does not waive any of Beneficiary's other rights or remedies. If Grantor bec a un or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tan t to a appoint of a eiver under Texas law. 8. Interest on the debt secured deed of Crus 11 n t exceed the maximum amount of nonusurious interest that may be contracted for, taken, ery c ed, or received under law; any interest in excess of that maximum amount shall b redit on e p ' cipal of the debt or, if that has been paid, refunded. On any acceleration or re d e p ayment, any such excess shall be canceled automatically as of the acceleration pr t or, ' already paid, credited on the principal of the debt or, if the principal of the debt has een paid, d. This provision overrides other provisions in this and all other instruments concenun e 9. Grantor represents that this deed of trust and th of a ive in part payment for purchase -money on the property. 10. Except where otherwise required or pernmitte by e B e in connection with a transfer on death, divorce, legal separation, or legal incapacr antor as ovWed in the note, the note and this deed of trust may not be assumed. 11. If Grantor fails to pay any part of principal or interest sec ed b 'o lien or liens on the property when it becomes payable or defaults on any prior lien . trume , the t ured by this deed of trust shall immediately become payable at the option of Benefic' 12. Beneficiary and Grantor acknowledge and agree that this deed fhn i is je and subordinate in all respects to the liens, terms, covenants and conditions of the rior and al advances heretofore made or which may hereafter be made pursuant to the prior lie ' clu ' g advanced for the purpose of (a) protecting or fnuther securing the lien of the prior o cons ' g, renovating, repairing, furnishing, fixturing or equipping the Property. The terms pro ' ro of a prior lien are paramount and controlling, and they supersede any other terms and p si of this of trust in conflict therewith. In the event of a foreclosure or deed in lieu of fore osur e p ' r lien, any provisions herein or any provision in any collateral agreement restricting a the perry to low or moderate income households or otherwise restricting the Grantor's ability o se rope shall have no finther force or effect on subsequent owners or purchasers of th rty. pe on, including his successors or assigns (other than the Grantor or a person or entity rel ed th� or), receiving title to the Property through foreclosure or deed in lieu of foreclosure o th r li s receive title to the Property free and clear from such restrictions. Further, if the acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this 1 automatically terminate upon the Financial Institution's acquisition of title, provid r) e Beneficiary has been given written notice of a default under the prior lien and (ii) the B fic' (o 4. 6. 17. another party acting on its behalf) shall not have cured the default under the prior lien, or diligently pursued curing the default as determined by the Financial Institution, within the sixty-day period vided in such notice sent to- the Beneficiary. dead of trust and the note implement 42 USC 12701 et seq. and 24 CFR Part 92 and shall be co trued ' accordance therewith. To the extent not inconsistent therewith, these documents shall be g by laws of Texas and the local jurisdiction in which the Property is located. n the t requires, singular nouns and pronouns include the plural. e t in des all sutras secured by this deed of trust. s de of tr ,4s _11 bind, inure to the benefit of, and be exercised by successors in interest of all not the same person, the term "Grantor" shall include Maker. of the date first above written. SV 2�� ATTACHED EXHIBIT A - Legal STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged KATHERINE E. NOGUES. PLEASE RETURN TO: Attn: Downpayment Assistance Program Manager City of Round Rock, Texas 221 East Main Round Rock, Texas 78664 Williamson County, Texas 5. GRANTOR.- KATHERINE RANTOR: KATHERINE E. NOGUES 2-(_ day of 2003 by Vi on in illi m C uzet D, EXHIBIT A (Legal Description of Property) any improvements) referred to in this agreement is described as follows: , Block "C", CHISHOLM VALLEY SOUTH SECTION ONE, a nson County, Texas, according to the map or plat thereof recorded -123, Plat Records of Williamson County, Texas. NANCY E WILL 6.