CM-12-04-075ROUND ROCK, TEXAS
PURPOSE PASSION. PROSPERITY
014-17.- RECEIVED
APR 19 2012
City Manager Approval Form
Item Caption: Home Ownership Assistance Program (HOAP) Lien Release for Jose Arauja and Juana A. Zambramo
Approval Date: Friday, April 20, 2012
Department Name: Finance Department
Project Manager:
Elizabeth Alvarado
Assigned Attorney: Jason Rammel
Item Summary:
In an effort to increase home ownership opportunities for the people of Round Rock, the Community Development Block Grant
Program provided down payment assistance to eligible low to moderate income first time home buyers with grant funds up to
$5,000 for closing cost from 1998 to 2005. This program required that a five lien be placed on the property and could be
released after it expired and if the homeowner requested.
Consider executing a Release of Lien under the Home Ownership Assistance Program for Jose Aruajo and Juana A. Zambramo.
The Zambranos recieved a $5,000 grant under the Home Ownership Assistance Program in 2003 to purchase a home on 1906
Easton Drive (GREENHILL SEC 3, BLOCK E, LOT 23). The Zambramos paid the $75.00 fee and are now requesting that Lien
#2003021935 be released.
No. of Originals Submitted: 1
Project Name: Home Ownership Assistance Program Lien Release
Cost: $75.00 paid by homeowner
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney by S. Carter
Date: 04/18/2012
Department Director Approval: Cheryl Delaney by S. Carter Date: 04/18/2012
**Electronic signature by the Director is acceptable, Please only submit ONE approval form per item.'"
CIP ❑� ❑ Budget
N/A OK
❑� ❑
N/A OK
Purchasing ❑ Accounting
N/A OK
N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
Date: 1 Z: , 2012
Note:
IIIIIIIIIIIIIIIIIIIillllllllllilllilllllll 71 -,Gs
RELEASE OF LIEN
(Down Payment Assistance Program)
2012029760
Date: March 10, 2003
Original Amount: $5,000.00
Maker: JOSE ARAUJO ZAMBRANO and wife, JUANA A. ZAMBRANO
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: Conununity Development Assistant
City of Round Rock, Texas
221 East Main
Round Rock, Texas 78664
Williamson County, Texas
Note and Lien are Described in the Following Documents, Recorded in:
Deed of Trust (Downpayment Assistance Program) executed by Jose Araujo Zambrano and wife,
Juana A. Zambrano, to Charles D. Crossfield, Trustee, dated March 10, 2003, recorded as
Document No. 2003021935, Official Public Records, Williamson County, Texas, securing CITY
OF ROUND ROCK, TEXAS, a Texas home rule municipality, in the payment of one certain
note for the principal sum of $5,000.00, due and payable and bearing interest as therein provided;
and all the terms, conditions and stipulations contained therein, including, but not limited to, any
additional indebtedness, if any, secured by said instrument.
Property (including any improvements) Subject to Lien:
Lot Twenty-three (23), Block "E", GREENHILL, SECTION THREE, a
subdivision in Williamson County, Texas, according to the neap or plat
thereof recorded in Cabinet D, Slide 111, Plat Records, Williamson
County, Texas.
Holder of the note and lien acknowledges its payment and releases the property from the
lien and from all liens held by Holder of the note and lien without regard to how they were
created or evidenced.
248317Doc/
CM'
17-01-- D1-5
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.
When the context requires, singular nouns and pronouns include the plural.
CITY OF ROUND ROCK, TEXAS,
a Texas home rule municipality
Steve Norwood, City Manager
ACKNOWLEDGMENT
STATE OF Te Xa' §
COUNTY OF 11\1;11kovisth §
This instrument was acknowledged before me on this the 'day of ,
2012, by STEVE NORWOOD, City Manager, CITY OF ROUND ROCK, TEXA , a Texas
home rule municipality, on behalf of said municipality.
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
Notary Public, Sta
Printed Name:
My Commission Expires:
Sheets & Crossfield, P.C.
Attorneys at Law
309 E. Main St.
Round Rock, Texas 78664
Attn: Community Development Assistant
Planning & Community Development
City of Round Rock
301 W. Bagdad, Suite 140
Round Rock, Texas 78664
2
(Page 1 of 6)
U
.,
te:
antor:
Grant
11 1
0A
/r7 , 2003
JO
2003021935 6 p'gs
DEED OF TRUST
(Downpayment Assistance Program)
AMBRANO and wife, JUANA A. ZAMBRANO
dress in
-N0
1 .41.•„� F o pt.irargiral
uding county):
0 and wife, JUANA A. ZAM13RANO
.rte 7844*
J'. COUNTY
Trustee: Charles D.
Trustee's Mailing Add
rofield
es ►ydngc�,�ty):
Id
Charles D. Crossft
309 East Main
Round Rock, Texas 7:
Williamson County, Te
64
Beneficiary: City of Round Rock,
as home rule , unicipality
Beneficiary's Mailing Address (including county):
Note(s)
Attn: Downpayment Assistance Pro
City of Round Rock, Texas
221 East Main
Round Rock, Texas 78664
Williamson County, Texas
Date:
Amount:
Maker:
Payee:
A /0/Z003
$5,000.00
JOSE ARAUJO ZAMBRANO and wife, JUAN
CITY OF ROUND ROCK, TEXAS, a Texas ho
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.
1.
(Page 2 of 6)
(s) (including recording information):
ens securing another note in the original principal amount of $91,563.00, of even date, executed by
payable to the order of STERLING CAPITAL. MORTGAGE, its successors and or assigns (herein
al Institution"), including without limitation the liens evidenced by that certain deed of trust and
gteeihen of even date, executed by Grantor in favor of Financial Institution and recorded in the
rty = •r• of Williamson County, Texas.
Other Fepti s t onve ane and Warranty:
1.
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
a pr t s lure rights to establish or enforce the deed of trust lien that secures the note. The
rel e s in sue form as to enable it to be recorded in the real property records of Williamson
Coun , T
2. Basemen riptive rights, whether of record or not; all presently recorded
instruments operty; taxes for 2003, the payment of which Grantor assumes; and
subsequent asses •r d prior years due to change in land usage, ownership, or both, the
payment of whi
For value received and to scour pa of ih no G for conveys the property to Trustee in trust. Grantor
warrants and agrees to defend the i o the o y. 1 c cantor performs all the obligations and covenants in the
note and pays the note according to of trust shall have no further effect, and Beneficiary shall
release it at Grantor's expense.
Grantor's Obligations
Grantor agrees to:
1. keep the property in good repair and co
2. pay all taxes and assessments on the prop
3. preserve the lien's priority as it is established in is d = f at;
4. maintain, in a form acceptable to Beneficiary, : i ti t po icy that:
a. covers all improvements for their full insu :bl 'a e = d ed when the policy is issued and
renewed, unless Beneficiary approves a sma ier.amo m writ' _;
b. contains an 80% coinsurance clause;
c. provides fire and extended coverage, including wi dst' ' co •ra e;
d. protects Beneficiary with a standard mortgage cla
e. provides flood insurance at any time the property is • zard ea' and
f. contains such other coverage as Beneficiary may reasonab -
5. comply at all times with the requirements of the 80% coinsur
6. deliver the insurance policy to Beneficiary and deliver renews Bene r, at ast ten days before
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 ab to pa s abide by all
prior lien instruments;
9. if all or any part of the Property or an interest in it (including a beneficial sol • • r transferred
without compliance with the terms of the note and this deed of trust, ' ' ' edia = 11 to
Beneficiary all sums secured by this deed of trust; and
10. comply at all times with the terms, representations, and conditions of the note.
Beneficiary's Rights
1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to
responsibilities of Trustee.
2.
(Page 3 of 6)
If the proceeds of the note are used to pay any debt secured by prior liens, Beneficiary is subrogated to
all of the rights and liens of the holders of any debt so paid.
eneficiary may apply any proceeds received under the insurance policy either to reduce the note or to
it or replace damaged or destroyed improvements covered by the policy.
rantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and
by Grantor on demand at the place where the note is payable for any sums so paid,
ty's fees, plus interest on those sums from the dates of payment at the rate stated in the
paid amounts. The sum to be reimbursed shall be secured by this deed of mist.
the note, or if Grantor fails to perform any of Grantor's obligations, or if all or
or an interest in it (including a beneficial interest) is sold or transferred without
of the note and this deed of trust, or if default occurs on a prior lien note or
ent, the default continues after Beneficiary gives Grantor notice of the default and the
ch it must be cured, as may be required by law or by written agreement, then
Be foci: r
a.
b.
/Wing
f• r
.
any
c
0
efaults
of the
r
•the
e
s
requ: •t t
notic • of
c. purcha + :�
credited on
6. If the Grantor
Trust, the Benefi
correspondence Iran
tee 'ofr
ores
Trustee's Duties
au
o.
ore
shall
y
cipal balance and carried interest on the note immediately due;
ecl� is lien, in which case Beneficiary or Beneficiary's agent shall give
provided by the Texas Property Code as then amended, and
ny foreclosure sale by offering the highest bid and then have the bid
If requested by Beneficiary to foreclose th
1.
a
ir
ote
o 'de
Gran
1'
r fails to perfonn any of Grantor's obligations under this Deed of
the Fi, = tial Institution, a prior lienholder, with copies of all
r re; d' the default or notice of acceleration.
Trustee shall -
either personally or by agent give notice
as then amended;
2. sell and convey all or part of the
binding Grantor, subject to prior liens
3. from the proceeds of the sale, pay, in this
a. expenses of foreclosure, including a tonus
b. to Beneficiary, the full amount of princi
unpaid;
c. any amounts required by law to be paid befo
d. to Grantor, any balance, and
4. if the prior lien has not been released, give written
default under this deed of trust and a copy of the notice
sale as required by the Texas Property Code
est bidder for cash with a general warranty
tions to conveyance and warranty;
of 5% of the bid;
rney's fees, and other charges due and
General Provisions
, and
ial Institution that Grantor is in
'ven Grantor.
1. If any of the property is sold under this deed of trust, Grantor :: + y nder possession
to the purchaser. If Grantor fails to do so, Grantor shall become a uff _ i v- of the purchaser,
subject to an action for forcible detainer.
2. Recitals in any Trustee's deed conveying the property will be presum
3. Proceeding under this deed of trust, filing suit for foreclosure, or puns : an is re...y will not
constitute an election of remedies.
4. This lien shall remain superior to liens later created even if the time of pant o : 4ar�ip rt*of the
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, paymq ' ts,sf�a1N applied
fust to discharge that portion.
6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from con
part of the property, from private sale in lieu of condemnation, and from damages ea
works or construction on or near the property. After deducting any expenses incu
attorney's fees, Beneficiary may release any remaining sums to Grantor or apply such s
3.
(Page 4 of 6)
‘04
the note. Beneficiary shall not be liable for failure to collect or to exercise diligence in collecting any
such sums.
ollowing the maturity of the above described Financial Institution loan, Grantor assigns to
B neficiary absolutely, not only as collateral, all present and future rent and other income and receipts
the roperty. Prior to such maturity Borrower's rights shall not arise under this paragraph 7.
assigned. Grantor warrants the validity and enforceability of the assignment. Grantor
iaryfs licensee collect rent and other income and receipts as long as Grantor is not in
ote or this deed of trust. Grantor will apply all rent and other income and receipts to
e = and performance of this deed of trust, but if the rent and other income and receipts
n . e under the note and deed of trust, Grantor may retain the excess. If Grantor
f the note or performance of this deed of trust, Beneficiary may terminate
rent collect and then as Grantor's agent may rent the property if it is vacant and collect
tf ome and receipts. Beneficiary neither has nor assumes any obligations as lessor or
any occupant of the property. Beneficiary may exercise Beneficiary's rights
gra h 7 without taking possession of the property. Beneficiary shall apply
t eipts collected under this paragraph 7 first to expenses incurred in
remedies and then to Grantor's obligations under the note and this
ermined by Beneficiary. Beneficiary is not required to act under this
er s paragraph 7 does not waive any of Beneficiary's other rights or
ntary or involuntary bankrupt, Beneficiary's filing a proof of claim
. u e ap t of a receiver under Texas law.
t shall not exceed the maximum amount of nonusurious
t erved, charged, or received under law; any interest in
etrs credited on the principal of the debt or, if that has been paid,
�iued or perm • prepayment, any such excess shall be canceled
opt on or prepa . t or, if already paid, credited on the principal of the
debt or, if the principal of the debt has bee • aid, refu. ed.•This provision overrides other provisions
efa
as
It
exc
aul
G
re
e
n
•e
e
the
•
O
the
of s
and
not
0
rinse
Cr
.,
Ian •�
and
all rent
exercisin_
deed of
paragraph 7, an
remedies. If Or t�rrbe
in bankruptcy wi i
8. Interest on the debt
interest that may be
excess of that maximu
refunded. On any acceler
automatically as of the ace
or
•
es
d
u
Be
espect
his
Cr
e
ctin
co
aragra
e
s gder
o •,
• •tam
ec
.,
.•.
a
vo
to
y this
tract
a
It
or
or
r
ee
all
en
the • bt.
• en•
in this and all other instnunents conce
9. Grantor represents that this deed of
the property.
10. Except where otherwise required or
death, divorce, legal separation, or lege i
this deed of trust may not be assumed.
11. If Grantor fails to pay any part of principal o
when it becomes payable or defaults on any p
shall immediately become payable at the option
12. Beneficiary and Grantor acknowledge and agree that
respects to the liens, terms, covenants and conditio
made or which may hereafter be made pursuant to th
purpose of (a) protecting or further securing the lien o
repairing, furnishing, fixturing or equipping the Property. The
paramount and controlling, and they supersede any other to
conflict therewith. In the event of a foreclosure or deed in
provisions herein or any provision in any collateral agreement r
or moderate income households or otherwise restricting the Granto
have no further force or effect on subsequent owners or purchas
including his successors or assigns (other than the Grantor or a person o =
receiving title to the Property through foreclosure or deed in lieu of for 1 r
receive title to the Property free and clear from such restrictions. Further,
acquires title to the Property pursuant to a deed in lieu of foreclosure, the lie
automatically terminate upon the Financial Institution's acquisition of title, yr
Beneficiary has been given written notice of a default under the prior lien and (
another party acting on its behalf) shall not have cured the default under the pri
pursued curing the default as determined by the Financial Institution, within the s
provided in such notice sent to the Beneficiary.
st
ermined b
int
or
•
are
it
v
iven in part payment for purchase -money on
e Beneficiary in connection with a transfer on
a ntor as provided in the note, the note and
•
by a prior Hen or liens on the property
the debt secured by this deed of trust
sd
of
pn
e
pn
tru
en,
0
s
1'
"lien
rms
a
is subject and subordinate in all
n and to all advances heretofore
all sums advanced for the
constructing, renovating,
• ,. ions of the prior lien are
f this deed of trust in
the prior lien, any
e Property to low
e Property shall
Any person,
a e Grantor),
rior lien shall
e Uri titution
shall
t the
f fo
vtst
.1
0
III! .
abili•
4
•
e
e use•
0
Il
Prop
to
4.
nary
th
0
the
deed
••
t
nefi
..
lie
y
r
entj
'od
(Page 5 of 6)
3. This dead of trust and the note implement 42 USC 12701 et seq, and 24 CFR Part 92 and shall be
construed in accordance therewith. To the extent not inconsistent therewith, these documents shall be
0overned by the laws of Texas and the local jurisdiction in which the Property is located.
14. en the context requires, singular nouns and pronouns include the plural.
Th term "note" includes all sums secured by this deed of trust.
T s • o t shall bind, inure to the benefit of, and be exercised by successors in interest of all
ies.
Granto : n er are not the same person, the term "Grantor" shall include Maker.
EXEC
of the date first above written.
GRANTOR:
ORAVIA11.6-4—.1-1221476t2°ZAMBRANO
ATTACHED EXHIBIT A - Legal
OWLED
STATE OP TEXA
COUNTY OF //l/Q/4,0n
This instrument was acknowledged be
ARAUJO ZAMBRANO and wife, JUANA A. ZA
/0 day of AV/CA , 2003 by JOSE
Attn: Downpayment Assistance Program Manager
City of Round Rock, Texas
221 East Main
Round Rock, Texas 78664
Williamson County, Texas
V
After recording return to:
Texas American Title
4201 S. Congress Ave.
Suite 203
Austin. TX 7$745
5.
(Page 6 of 6)
EXHIBIT A
(Legal Description of Property)
()ocrt
including any improvements) referred to in this agreement is described as follows:
Lo e . ty=t
ub, .vtsio
reo r ,r
C, •ty ex•
tc (23), Block "E", GREENHILL, SECTION THREE, a
illiamson County, Texas, according to the map or plat
in Cabinet D, Slide 111, Plat Records, Williamson
03-11-2003-0
ANDERS°
NARCY E. WILLIAMSONEC
6.