CM-2016-1074 - 4/8/2016ELECTRONICALLY RECORDED 2016030080
Williamson County Texas
RELEASE OF LIEN
Date:_10-? —_> 2.016
Note;
Date: October 21, 2.005
Original .mount: $5,000.00
Maker: Nelson Crib and wife, Doris Cruz
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 (ineludi> g: 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 Follo'wir►g Doeumcrrts,Retarded in: Deed of Trust
(Hoineownership Assistance Program), executed by Nelson Cruz and. Wife, Doris Cruz, to
Charles D. Crossfield., dated. October 21, 2005, recorded under Document No. 2005085218,
Official Public. Records, Williamson. County, Texas, securing one promissory note of even dale
for the principal sung of 95,000:00, 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. Fifteen (15), Block "C'; INDIAN RIDGE SECTION 1 -AA, a
_subdivision in 'Williamson County, Texas, according to the map or...
plat thereof recorded in. Cabinet T, Slide 151, Plat Records,
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 futurerights. to establish or enforce
the lien as security for the payment. of any future. or other advances..
'�Y• .t "'•..
354781bk
When the contextrequires, singular nouns and pronouns inQlude the - plural.
CITY OF RO ND ROCK, TEXAS,
a Texas home rule i -nu iicipality
By. Az�zzizEff
Printed Nat -Lie: Laurie Hadley
Title: City Manager
ACKNOWLEDGMENT
OWLEDGIV' ENT
STATE OF TES
COUNTY OP )WLLIIAMSON.
An17
This instrument was acknowledged before me'.on this the � day of OL,
2016, by Laurie Hadley, the City Manager of the City of Round Rock; Texas, in the capacity and
for the purposes and consideration recited therein.
SARA LEIGH WHrrE
I .: MY COMMISSION EXPIRES
: -
°s,ht' July 11, 2016
PREPARED IN THE OFFICE OF -
AFTER RECOR
F-
1'XFT E..gO..ab.1Ci€..OYb D E.i E G RETURN TO:
Notary Public, S,
Printed Narne;
My Commission
Sheets. & Crossfield, P.C.
Attorneys at Law
3.{}9 E. Main. St.
Round Rock,: Texas 78664
Sheets & Crossfsld,.P.C.
Attorneys .at;Law
309 E. Main St.
Round- Rock,: Texas 8664
2
Trustee:
DEED OF TRUST
(Downpayment Assistance Program)
2005
wife, DORIS CRUZ
tiding county).
ti
RIS CRUZ
County
Trustee's Mailing Adreskftellidk�vk epv2tty) ,
Charles D. Crossfretd( --
309 East Main <"
Round Rock, Texas��7��sfr-��
Williamson County" T as r,,
Beneficiary City of Round Rob Texa aj as hc3zx3 rule municipality
Benoficiary"s Mailing Address (inelttdicou
el
Attn: Downpayment Assistance Program Man be
City of Round Rock, Texas.
22.1 East Maui
Round Rook, Texas 78664 s �_
Willia mon County, Texas s� .
NOTICE CSF C ONFIDENTIALD �' ��`r�l ,9
PERSON, YOU MAY REMOVE
FOLLOWING INP'ORATkTION FRO .,
IT IS FILED FOR RRC ORD rN THE I
SOCIAL SECURITY NUMBER OR Y(
NUMBER.
hTvte(s)
9225$Pig
77PGS
2US085218
)DU ARE A NATURAL
UM ANY OF IWE
MW1193`1NTg��,�v�A.SOR
`gBO
).''J��%7�`gff�'`gi
DIM R'S LICENSE
el I✓ (t. �- .✓ r l f.
Date -
Amount, S5,000.00
Maker., NELSON CRUZ and wife, DORIS CRL'•Z
Payee: CITY OF ROUND ROCK, 'TEXAS; a Texas home rule
Final Maturity late: As providedin the mote,.
Terms of Payment (optional),: As provided in the Neste.
. ........ .. _ _ ... w. ......,._
Other
any improvements)
real property more particularly described on Exhibit "A" .attached to this deed of trust.
reference incorporated in dt; all fixtures and. irrproverruents situated thereon and ail
and interests. appurtenant. thereto.
Clie lien s�sertriisg anotkr�x note in the original principal amount of $Iz3,85.t3t3, of even date,
Veined b�-bxanto" ' .,Ie to the order of HOME 123 CORPORATION, its successors and or
a5'signs iezeut.�••` ?Oral I Stttvtton"), including without limitation. the livens evidenced by that.
Bert i do d7af trCist afi�k'security agreoznent;, .of even date, executed by Grantor to favor of
EinanoafIastitttfioij.A recorded in the Teal property records of Williamson County, Teras.
,r
rceptions o+L'�o eys_ an. Warranty:
1. Note datd oSen`c(ae;br�v?fta, between Grantor and Beneficiary (the "rale"). All
obligatuonss.,td cgve�iapts uh note shall terminate on the date Beneficiary; in its sole
discretion, iss x 1easef.or ail present and future rights to. establish or enforce the deed of
trust lien that s��ttres ffie nr?te: a release shall. be in .such form as to enable :it to be
recorded in.the re, Wxgpaty4.ee {ds f Williamson. County, Texas and
2. Easements, rights-o&,mv r 3r'd prq&p urie ri ots, whether of record or not; all presently
recorded instruments a0affect.;6 I ;j..y taxes for 20t35, the payment of which Grantor
assumes; and subsequent, s r e,.nts�€o'r that and prior years due to change in Iand. usage,
ownership, or both,. -the- pay4nt ofW iich Grantor awatnes.
For value received and to. secure payment of the note, Gni #ars.kE`
ve ,s the property to Trustee in trust.:
Grantor Warrants. sand agrees to defend the title :to. dIp rope �fnnt4r performs all the. obligation'send
covenants in .the note and pays the note accord' g to �'errs deed of trust shall have no further
effect, unci beneficiary shall release it at Grantor's ense.., ,
Grantor's Ob4ations
Grantor agrees to:
1, I
1. keep:the property in good repair and. condition;
2. pay all. taxes and assessments on the property when due
3, preserve the lien's priority as it is established in this dtrust;
4. anaintain, in a. form acceptable to l3eneficmy, an insura3aee.I thug
a. covers all improvements for their full Insw bie •value aa: Flet xtedrs
issued and renewed, unless Beneficiary approves a snsallerma qa la
b. contains an 80% coinsurance clause; 'a f
c, provides fire and extended coverage, including windstorm rage-
d, protects Beneficiary with.a standard mortgage clause;
e, provides flood insurance at anytime the property is in a flood h4
f. contains such other Coverage as Beneficiary may reasonably requu e s
5. comply -at All times with the requirements of the 80% coinsurance clause; f
Cu. deliver an
the insurance policy to Beneficiary and deliver renewals to BeA
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 personal]
abide by.all prior lien;iuwtruinents:
9. if all or any part of the Property or an interest in it (including a beneficial
transferred without eotr iiiance with the terms of the note and this deed, of
pay in full to Beneficiary all sums secured by this deed of trrstT and
2.
the policy is
comply at, all times witli the terms, representations; mid conditions of the note.
may appoint in writing a substitute or: successor :trustee; succeeding to all rights
rf ±'
a0resppaaKities of Trustee.
?If e proceeds f the note :are used to. pay any debt secured by prior liens, Beneficiary is
�s rogatedti Iiif the rightsand liens of the holders of any debt so paid.
Be efi'blAr ay ap� y any proceeds received under the insurance policy either to. educe the
l Ste or x , cepa• � �, lace damaged or destroyed improvements covered by the policy:.
4.
If.* autos lta �tesper rm any of Grantors obligations, Beneficiary may .perform those
ligpicins cl b .€bi abursed by Grantor on demand at the place where the, note is. payable.
fF3xkny sufirs sg..Tasd, nelud'ing -attorney's fees, plus interes. t on those sums from the, dates of
payrrtent atr €fie -rate dated in the note for. matured, unpaid amounts. The sum. to be
re! m -}use sili�alI bg-sec us d by this deed of trust.
S. if GCantor,{def uTts o the note; if Grantor fails to perform any of Grantof' obligations;. or,
if all or y p ..f for. orl n interest in it (including a beneficial interest) .is sold or
transferred' wifhoill cont fanc th the terms of the note and this deed of truss, or if default
occurs on ptit�z lienrot i other instrument, and the default continues :after Beneficiary.
gives Grantor n ee qj= fhe ds--zu`land the time: 'within which it ;Hist be cured; as may be
required by law o Jay` e ant, then Beneficiary may.
a. declare the unpapraLcipkIXal ee and.--c-arried interest on the note immediately due;
b. request Trustee. teal-6se lien, in, Ofich case ]Beneficiary or Beneficiary's agent
shall give n0 a fo3pc`l a sa , s provided by the Texas Property Code as then:
amended,
c. purchase the property ar anyhof closure sale b,,y vffering the highest bid. and then have
the slid credited on the nn ^ ` frj 1
b. If the Grantor defaults, on the Note or fails,� perfo an of Grantor's obligations under this
Deed. of Trust, the Beneficiary, shall .pr, 3M a the �`} cial )nstitution, a prior lienhc lder, with
copies of 0 correspondence tra ttcd l Gr or r girding. the default or notice of
acceleration,
Trustee's Duties `- f
l
If requested by Beneficiary to .foreclose this lien, Trustee sht : I
1. either persortaliy or by agent give notice of the``fo=e3osuie sale A
Property code as then amended;
2. sell and convey all or part of the property to the hesf h� idd fl
w�.rranty binding Grantor, subject to prior liens and t o -ce cep€i
Warranty.
3.. from the proceeds: of the. sale, pay, in.this order:
a. expenses of foreclosure, including a cotnnxssion to Trust. of
61
b. to Beneficiary, the full amount: of principal, interest, alta 's
due and unpaid;c. any amounts required by law to be paid'belore payment to Gra tc
d, to. Grantor, anybalance, and
4. if the prior lien has not been released, give written notice to Financial
is in default under this deed of trust and a copyy of the notice of
Grantor.
3.
by the Texas
with a general
conveyance and
rat rovislons
--if any of -the property is sold under- this deed oflrust;, Grantor shall immediately surrender
p a t Grantor filils to do go, Grantor shall. become a tenant at
o §ession, o the purchaser, If .
Me de
�Apramc ofthe purchaser, subject to an action for for6i detainer.
RaiOl�-RI'aTrustee's deed conveying: the property will be presumed to be true.
this deed of trust, fifir
1rdyeedinjg suit for. -foreclosure, or pursuing any other remedy
"l riot ..jqi
.40
4V rernaX superior to hens later, created even if the time ofpaynjent.of all or
-dtl:iee*ie.ise F ftpr part of the, property is. released'..
If airy parlYrtrr
, nghe cannot be lawfully secined by this deed of tnist, payments, shall be,
i�plie,etir ,
that portion,
6,, oto t
Soto Beneficiary all sums Payable to or received. by Grantor from
. n -FaMa,
conde
oof the prop en),, from .private sale in, lieu of condemnation, and
fiorx d6 es, card 74, public works or construction on. or near the Property. After
liable:for f4iture tp�olldor t0txM;
7. Following. the matOn. e aboy
* ofAlr
Beneficiary abs,#&��V-iot o>-`
y ak
and receipts fi-oni1d?&'pr6'p-e _�N�
this. paragraph 7. L'e*'e prop -
the assignment. GrAtorna&Y as -,P
receipts as. long as Gran ris
po y
apply all rent and . other, -. mj>lan
deed of truss; but if the rwit4iid. Q9
-note and deed of trust, Grant'W'=.
note or performance of this deed
collect and then as Grantor's agent
and Other income and receipts.. Den
including attomey's: fees, Bencl&iary may release any
lj such sui . us to reduce the note., Beneficiary sh;411 not. be.
se diligence in collecting any such sums.
e described Financial Institution, loan, Grantor. assigns to
,�ollaWal, all present and f4ture rent and other income.
r such maturity Borrower's rights shall not arise under
ed. warrants the validity and enforceability of
lmqJ%iary!p�llcensee collect rent and other income and
0
-dief'ault-6der the note or. this deed of trust. Grantor will
I to payment ofthe� note and. performance of this
r income andjzftts exceed. the amount due under the.
retain theA,6m. Grantor defaults in payment of the
,of tru s gy �hay terminate Grantofs, license to
rroy'rent proertyif it is vacant. and collect all rent
d6c1arY<..1frbithea(as n any obligations as lessor
I '5� assumes
or landlord with respect to any d4upaht--Id "roperty. Beneficiary may exercise
Beneficiary's rights and remedies. uridek this pauLd ..on
3ph4, ithout taking possession of the
property, Beneficiary shall. apply all. rent 11ra-lipf limincome receipts collected under this
paragraph 7 first to. expenses ses; incurred in exec 1sIn Te-4fsc, Is rights and remedies and
then to Grantor's obligations under the note: an de dof t in the order determined: by
BeriefiWary. Beneficiary is not required to Actlinder this 7. and acting under this
paragraph 7 does not waive any of BeneficiatrVy's o or re=me s. If Grantorbecomes
,a voluntary or involuntary bankrupt, Beneficial es fili a of cl ins in bankruptcy will
be tantamount. to the appoint of a receiver under aw
8. Interest on the debt secured by this deed of trust shall 'lot 0 .ed amount. of
nonusuriousinterest thatmay by contracted for, taken, resm-Ma arg or colved under
law. any interest in excess of that maximum amount shall be edim-JAt al of the
principal
debt or, if that has been paid, refunded, On any accalera. on. c aegrrii;pd a}}' . PC=. tted
f we' ae"
prepayment, any such excess shall be canceled automatica _s ofzeocel tion or
pre i prlmnc a of the
debt
or, already -paid credited on the principal of the de I
debt has been paid, refunded. This provision overrides other provis in -,�id.a
other
instruments. concerning the, debt,
9.. Grantor represents that thus decd.of trust and .the note are given in part pa
V ent k -p )rcWb--
-money on the .prcwrty-
10, Except where otherwise required or permitted by the Beneficiary in co 4�tio
transfer on death, divorce, legal separation, or legal incapacity of a Grani.t®r ro ded
the.note,the note:and this deed of trust may notbe assuin,ed.
11. rf Grantor fails. to pay, any part of principal or interest secured by aprior lien or Ii ns.��x&
property when it becomes payable or defaults on any prior lien instrumen4. the de _=Ae4rle
bylthis deed of trust shall. immediately become. payable at the option of Beneficiary..
4.
— IS
Benef
iciary and. Grantor acknowledge and agree that this deed of tot is subject and
subordizate in 611, Xespects W the liens,. terms, covenants and. conditions of the prior lien and
""�.,40,alladvanccs heretofore made or Which may hereafter be made pursuant -to the. prior lien,
LSA f' rding allsums. advanced for the. purpose of (a) protecting or filifficr. securing the. lien of
/ 11�1-�e rior lienor (b) coust,ructiug, renovating, repairing;, flirnishing, fixWring or equipping the
irti
Pr controlling; .)er4yTfie-terms and provisions of the prior lien are paramount and contro and they
r . sede 3ny cher terms and provisions of this deed of trustin conflict therewith. In, the
vent of a�f e or deed in lieu of foreclosure of the prior lien anyprovisions herein
or
any-fibOgibih , in a collateral agreement restricting the :use of the Property to low or
-ffibde ±:A inco!c r holdst Property
or otherwiscrestficting the Granr's ability to sell P
Grantor's
shabilave ng sr fo* or effect on subsequent owners or purchasers of the Property. Ary
. ncludQ *,"sacizes - son or assigns (other than the Grantor or a person Or I entity
k&i leffie Qrdritor), receiving title, to the. Property through foreclosure or deed in lieu of
f6rcq46s=A,fAT-p-ri% lien shall receive title to the PIxoperty free and clear from such
restribtA&. �.Fth if �e Financial Institution -acquires title to the Propefty -pursuant to. a
" /:!eo as, 0, the_lim, of this deed of tiustshall ,automadrally terminate upon
the deed in It o& Polrelt�
kuliqg s zcAuisi$ion of title, provided that (i) the Bene.ficiary has been
kial
I " -tQ the rior lien and (ii) the Beneficiary (or another party
1064 of -dhau er P
given writol� notice
�. J, #�
acting -onits'M -a diligently
have cured default under the prior lien, or dil ently
pursued curing e defalilt 4 d tne' Dy I' the Financial Institution, within the sixty-day
period provided t the Beneficiary.
13. This dead of trust, add tly-.Rol�-,ilnpllment AS. USC 12701 a seq. and 24 CFR Part. 92 and
shall be consb'fiaC &lled �6K Ti
6-rdice,�btre'.v the extent. not 'inconsistent tberewiffi, these
documents shall be, gkwned W'tVlaw" Texas and the local jurisdiction. in which the
Property is located..
14. When the context rcqa I ires,ingul"uns and pro�" include the plural.
15.
The term "note" includes al= 5 secured by this -deed 6( trust.
16. This deed of trust shall bind; inure to �0 f,d be exercised by successors in
interest of all parties. 1i
17, If Grantor and Maker are not the sanfe-.perWtf�i
op6n, %riaotor" shall. include:Maker.
EXECUTED AND DELINIERE - D as of the date firs
DORIS
ATTACHED EXHIBIT A - Legal. Description of Property.
ACMq0WLEDGWNT
STATE OF TE S
COUNTY OF
This instrument was acknowledged before me on this the day of
NELSON CRUZ and wife, DORIS CRUZ.
LISApRICHARD
Nota rykbklic, Stat of Texas
5
e Program =Manager
6
C'
Ind- enden�e'litle Co aay
OId S AtJer'8 Boulevard, Suite 1 10
Round: Rock. TX 78664
V,W_ww_w, 1 %Aya. V VI V
EXHIBIT A
�� •` mss. ,,`
,`. (Legal Dcseription of Property)
he zgerty (including any improvements) referred to in this agreement is.descr;bed as follows:
of Fift« Block "C',1 1,kN RIDGE SECTION 1-A, a
t sGksdivi ion ia-WHIiamson CoLmty, Texas, acwrding to the map or
'+�•"p1 - iez sof r�~ shed in Cabinet J, Slide 11, Flat Records,
uiaa 5so,5- ot�t� , Texas.
D AND RECORDED
'IgAL PUBLIC RECORDS 2M85218
1J A*n5j2005 02:33 M
$40.eO
f AWlY_,-�Is ER//3j�y�TV CLERK
��•. T�€YAtt�54?d�CAi1N YK'`T5XA5
el '
7.
2016030080
Electronically Recorded
OFFICIAL PUBLIC RECORDS
Nancy E. Rister, County Clerk
4/11/20164:00 PM
;fI f Pages: 9 Fee: $ 53.00
Williamson County Texas
z• 1
tf J•
RELEASE OF LIEN
Date: , 2016
Note:
Date: October 21, 2005
Original Amount: $5,000.00
Maker: Nelson Cruz and wife, Doris Cruz
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):
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 Nelson Cruz and wife, Doris Cruz, to
Charles D. Crossfield, dated October 21, 2005, recorded under Document No. 2005085218,
Official Public Records, Williamson County, Texas, securing one promissory note of even date
for the principal sum of $5,000.00, payable to the order of the City of Round Rock, Texas, a
Texas home rule municipality, and subject to all terms, conditions, and stipulations therein;
including any additional indebtedness secured thereby.
Property (including any improvements) Subject to Lien:
Lot Fifteen (15), Block "C", INDIAN RIDGE SECTION 1-A, a
subdivision in Williamson County, Texas, according to the map or
plat thereof recorded in Cabinet J, Slide 151, Plat Records,
Williamson County, Texas.
Holder of the note and lien fully releases and discharges the above described Note and Lien, and
fully releases the Property described above from the lien.
Holder of the note and lien expressly releases all present and future rights to establish or enforce
the lien as security for the payment of any future or other advances.
354781bk
When the context requires, singular nouns and pronouns include the plural.
CITY OF ROUND ROCK, TEXAS,
a Texas home rule municipality
By:�� G .
Printed Name: Laurie Hadley
Title: City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this the e-- day of yiL ,
2016, by Laurie Hadley, the City Manager of the City of Round Rock, Texas, in the capacity and
for the purposes and consideration recited therein.
SARA LEIGH WHITE
= Notar Public State of _
MY COMMISSION EXPIRES Y
Juty 11, 2016 Printed Name: F -T
My Commission Expires:
PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C.
Attorneys at Law
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO: Sheets & Crossfield, P.C.
Attorneys at Law
309 E. Main St.
Round Rock, Texas 78664
2
f�ililllllllllfllll�llllllllllli�ll�llulllllllllllllllf D7QGS 2005e85218
DEED OF TRUST
r (Downpayment Assistance Program)
'2005
L$b qR- and wife, DORIS CRUZ
'linAd r s cludin coun ):
g _ g ty
ELb
NC UZ a k �JQ{ RISCRUZ
?r/)I44-
County
Trustee: Charle Csfield�
Trustee's Mailing AdJresS �inclu ]V N�ty�ti
Charles D. Cr�o`SSet
309 East Main
Round Rock, Texas7§
Williamson County, T as
Beneficiary: City of Round Roc Texasaxas h e rule municipality
Beneficiary's Mailing Address (includ' cou ):
Attn: Downpayment Assistance Program Ma ger
City of Round Rock, Texas
221 East Main
Round Rock, Texas 78664
Williamson County, Texas
NOTICE OF CONFIDENTIALITY RIC14
PERSON, YOU MAY REMOVE 01
FOLLOWING INFORMATION FRO 7
IT IS FILED FOR RECORD IN THE
SOCIAL SECURITY NUMBER OR
NUMBER.
Note(s)
92258/kg
Date: 1 94
Amount: $5,000.00
ARE A NATURAL
ANY OF THE
MENT BEFORE
ZEPORDS: YOUR
[ R'S LICENSE
Maker: NELSON CRUZ and wife, DORIS CRUZ
Payee: CITY OF ROUND ROCK, TEXAS, a Texas home rule
Final Maturity Date: As provided in the Note.
Terms of Payment (optional): As provided in the Note.
r6h7TJw-.certaM
yincluding any improvements):
real ro erty more particularly described on Exhibit "A" attached to this deed of trust
property
and by this reference incorporated in it, all fixtures and improvements situated thereon and all
tiles and interests appurtenant thereto.
ng_r� rding information):
i anot r note in the original principal amount of $128,854.00, of even date,
iranto�payable to the order of HOME 123 CORPORATION, its successors and or
-. al hhstitution"), including without limitation the liens evidenced by that
of tr6t hpVsecurity agreement, of even date, executed by Grantor in favor of
#tutior.._alid recorded in the real property records of Williamson County, Texas.
Other ExceptiouA9,-Co0eyayq anA Warranty;
1. Note dat4 oLe5en\da(e jwf wit;, between Grantor and Beneficiary (the "note"). All
obligations�,and c6ve7pt3 to)he"note shall terminate on the date Beneficiary, in its sole
discretion, issues"eleasef all present and future rights to establish or enforce the deed of
trust lien that sfeures,,dile vae. e release shall be in such form as to enable it to be
recorded in the re r errtq.r rds of Williamson County, Texas; and
2. Easements, rights-ola Sa �t�pkrqVn'v�rni ts, whether of record or not; all presently
recorded instruments th affecrees for2005, the payment of which Grantor
assumes; and subsequentes rtfents r that and prior years due to change in land usage,
ownership, or both, the pa nt o&which Grantor a$stiknes.
For value received and to secure payment of the note,
Grantor warrants and agrees to defend the title to therpi
covenants in the note and pays the note accordg to
effect, and Beneficiary shall release it at Grantor's Xpej
Grantor's Obligations
Grantor agrees to:
the property to Trustee in trust.
performs all the obligations and
;d of trust shall have no further
1. keep the property in good repair and condition;
2. pay all taxes and assessments on the property when due -
3. preserve the lien's priority as it is established in this de d o trust;
4. maintain, in a form acceptable to Beneficiary, an insurance po i"ey that -
a. covers all improvements for their full insurable value as dept ' een
issued and renewed, unless Beneficiary approves a smaller oin ti
b. contains an 80% coinsurance clause;
c. provides fire and extended coverage, including windstorm rage
d. protects Beneficiary with a standard mortgage clause;
e. provides flood insurance at any time the property is in a flood ha f are , a
f. contains such other coverage as Beneficiary may reasonably requ e-
5. comply at all times with the requirements of the 80% coinsurance clause;
6. deliver the insurance policy to Beneficiary and deliver renewals to Ben
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 personally ab
abide by all prior lien instruments;
9. if all or any part of the Property or an interest in it (including a beneficial intere
transferred without compliance with the terms of the note and this deed of trust,
pay in full to Beneficiary all sums secured by this deed of trust; and
4
the policy is
comply at all times with the terms, representations, and conditions of the note.
t:NBenficiary may appoint in writing a substitute or successor trustee, succeeding to all rights
ani zesonsibties of Trustee.
2. tl�e proceedsyf the note are used to pay any debt secured by prior liens, Beneficiary is
_ ui6rogate td=aa1LQf the rights and liens of the holders of any debt so paid.
.�1 Bq&: ' `i iay appy any proceeds received under the insurance policy either to reduce the
frrDte orto repa, , lace damaged or destroyed improvements covered by the policy.
4:} If Gxzantoorr ,: aiks to�per`$orm any of Grantor's obligations, Beneficiary may perform those
.f�ligations &'dbe-Aif&rsed by Grantor on demand at the place where the note is payable
fbz aiy Sufns s L Pard, including attorney's fees, plus interest on those sums from the dates of
paymtnt a fh tatg fated in the note for matured, unpaid amounts. The sum to be
reim. -s- -all bsecuu`r d by this deed of trust.
S. If Grantorlldefs or the note,.'
ote,. if Grantor fails to perform any of Grantor's obligations, or
if all or ally p rt f the L'iop r or&n interest in it (including a beneficial interest) is sold or
transferred+ tho ' co an 'vc# th the terms of the note and this deed of trust, or if default
occurs on a prrorlo note -,di other instrument, and the default continues after Beneficiary
gives Grantor ri Cr e 0-4f d'e�a`uit, and the time within which it must be cured, as may be
required by law oof rittm� wpperNmt, then Beneficiary may:
a. declare the un 'd principa�_l�ala ce ann4 ed interest on the note immediately due;
b. request Trustee f�zacl5se l0n, in�ich case Beneficiary or Beneficiary's agent
shall give notice o �e fo o we sal 's provided by the Texas Property Code as then
amended, and 1 t ~
c. purchase the property y felosure sale by ffering the highest bid and then have
the bid credited on the n
6. If the Grantor defaults on the Note or fails_te•p' erfo� an of Grantor's obligations under this
Deed of Trust, the Beneficiary shall prgvi'de thg. il?inahcial nstitution, a prior lienholder, with
copies of all correspondence tra ttedto' G�or r garding the default or notice of
acceleration.
Trustee's Duties
If requested by Beneficiary to foreclose this lien, Trustee shy{1:L
1. either personally or by agent give notice of the- ld_ sale� as•
Property Code as then amended; }
2. sell and convey all or part of the property to the h' hesf bidd f
warranty binding Grantor, subject to prior liens and t otherIce
warranty;
3. from the proceeds of the sale, pay, in this order:
a. expenses of foreclosure, including a commission to Trust a of
b. to Beneficiary, the full amount of principal, interest, attorse�s
due and unpaid;
c. any amounts required by law to be paid before payment to Grantr
d. to Grantor, any balance, and
4. if the prior lien has not been released, give written notice to Financial
is in default under this deed of trust and a copy of the notice of
Grantor.
by the Texas
cash with a general
;q conveyance and
charges
�G'en#ral rovisions
1 1�4.ny of the property is sold under this deed of trust, Grantor shall immediately surrender
repo cession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at
'1
sufferance of the purchaser, subject to an action for forcib a defamer.
r ReO 1k.in }%Trustee's deed conveying the property will be presumed to be true.
3.
-Pk'oeedin d�8r this deed of trust, filing suit for foreclosure, or pursuing any other remedy
swill not UA"n election of remedies.
4e Th s i` ' iafl rema1i superior to liens later created even if the time of payment of all or part
f�f'the to is e)tehEl�;or part of the property is released.
5. If y pozketu-6�-• t ct nq�e cannot be lawfully secured by this deed of trust, payments shall be
ppli irsst td'disc�'a ge that portion.
6. Gntorzassiga to Beneficiary all sums payable to or received by Grantor from
conde-innation Qrf—@ —o -"art of the property, from private sale in lieu of condemnation, and
from'"ees caused by public works or construction on or near the property. After
deducting any((expe ses; curmd,�including attorney's fees, Beneficiary may release any
remaining sunhs tQ Gra o�7, pl.y such sums to reduce the note. Beneficiary shall not be
liable for kure to�polltqef or} •bxercise diligence in collecting any such sums.
7. Following the ma y of.t e above described Financial Institution loan, Grantor assigns to
Beneficiary absdlute�l�Knot cqy a's.� ollateral, all present and future rent and other income
and receipts froniNtYfeyfope — or • o such maturity Borrower's rights shall not arise under
this paragraph 7. Le ses o ssig ed�i a�itor warrants the validity and enforceability of
the assignment. GraA orllwr� as Rdnefiiary's>licensee collect rent and other income and
receipts as long as GranTr issyot efau •minder the note or this deed of trust. Grantor will
apply all rent and other mco nd r lets to payment of the note and performance of this
deed of trust, but if the rent Vd QSlter income and z6'e�pts exceed the amount due under the
note and deed of trust, Grantar�may retain the cess. If Grantor defaults in payment of the
note or performance of this deed of trus enef . ' y y terminate Grantor's license to
collect and then as Grantor's agent rrwlrent pro erty if it is vacant and collect all rent
and other income and receipts. Ben4iaryteithe as n assumes any obligations as lessor
or landlord with respect to any o4u paht--d the prope rty. Beneficiary may exercise
Beneficiary's rights and remedies undertithis p -7- 'thout taking possession of the
property. Beneficiary shall apply all rent an oth i income d receipts collected under this
paragraph 7 first to expenses incurred in ex i ingr en fic' 's rights and remedies and
then to Grantor's obligations under the note anthi deed of st in the order determined by
Beneficiary. Beneficiary is not required to actder this graoj, and acting under this
paragraph 7 does not waive any of Beneficiary'sottrerri fs or reme i s. If Grantor becomes
a voluntary or involuntary bankrupt, Beneficiary's film of o� cl im in bankruptcy will
be tantamount to the appoint of a receiver under Texas aw.
8. Interest on the debt secured by this deed of trust shall not exc ed ma ' um amount of
nonusurious interest that may be contracted for, taken, resermCcfarg or eceived under
law; any interest in excess of that maximum amount shall be c3{edit on a principal of the
debt or, if that has been paid, refunded. On any accelera 'on equir or permitted
m
prepayment, any such excess shall be canceled autoaticall s of e tel ation or
prepayment or, if already paid, credited on the principal of the de , . a princip of the
debt has been paid, refunded. This provision overrides other provisi m sami d a other
instruments concerning the debt.
9. Grantor represents that this deed of trust and the note are given in part pa ent p cha -
money on the property.
10. Except where otherwise required or permitted by the Beneficiary in co ctio stir a
transfer on death, divorce, legal separation, or legal incapacity of a Grantor s ro ided
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 secured by a prior lien or li ns n e
property when it becomes payable or defaults on any prior lien instrument, the de sec e
by this deed of trust shall immediately become payable at the option of Beneficiary.
4.
Beneficiary and Grantor acknowledge and agree that this deed of trust is subject and
subordinate in all respects to the liens, terms, covenants and conditions of the prior lien and
advances heretofore made or which may hereafter be made pursuant to the prior lien,
' mc' ding all sums advanced for the purpose of (a) protecting or further securing the lien of
{e rior lien or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the
PxiyrTfie trms and provisions of the prior lien are paramount and controlling, and they
�rsede any other terms and provisions of this deed of trust in conflict therewith. In the
fent of a'or�e , e or deed in lieu of foreclosure of the prior lien, any provisions herein or
{wr:�
r anyrprcr�tgibn m ahoy collateral agreement restricting the use of the Property to low or
5_,46dera4 incorlFto olds or otherwise restricting the Grantor's ability to sell the Property
shall''have .ng.f hl�r fo a or effect on subsequent owners or purchasers of the Property. Any
erso}�s �-Mcpding ., _i 'successors or assigns (other than the Grantor or a person or entity
rolared #o`lhe Qk�'n'tor), receiving title to the Property through foreclosure or deed in lieu of
fores sure-t5f_lhz pri% lien shall receive title to the Property free and clear from such
restrl titsns/-Further} if tbie Financial Institution acquires title to the Property pursuant to a
deed in li u oD161ec)osu)e, the lien of this deed of trust shall automatically terminate upon
the Finan ial (IzOtu io;Psacc lois{ on of title, provided that (i) the Beneficiary has been
given writti notify of a defa!�01t'Viinder the prior lien and (ii) the Beneficiary (or another party
acting on its Ve-FaW'shall -fiot have cured the default under the prior lien, or diligently
pursued curing the default aS det ned by the Financial Institution, within the sixty-day
period provided ii�s nr>e�sentr the Beneficiary.
13. This dead of trust a d ))t -1pl1menn,42. USC 12701 et seq. and 24 CFR Part 92 and
shall be construed i �acc ce - rewrth. T� the extent not inconsistent therewith, these
documents shall be govtned e�law JTexas and the local jurisdiction in which the
Property is located.
14. When the context requires, s gul T -nouns and Aron s include the plural.
15. The term "note" includes all secured by to deed trust.
16. This deed of trust shall bind, inure to%theSei�n
of, gd be exercised by successors in
interest of all parties.
17. If Grantor and Maker are not the sa- - " 96ntor" shall include Maker.
EXECUTED AND DELIVERED as of the date first
DORIS CRUZ
ATTACHED EXHIBIT A - Legal Description of Property
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF U �
� �
This instrument was acknowledged before me on this the day of , 20 5
NELSON CRUZ and wife, DORIS CRUZ.
r'4.`_�.�..�--_-- lg ARD
.1y Cp!d,�;iss N `a�'�P =s Nota lic, Stat of Texas
2Qi;7
;e Program Manager
3 ' independence Tide Company
1 1 E. Old Settler's Boulevard, Suite 110
Round Rock. TX 78664
r
EXiIBIT A
(Legal Description of Property)
e ro erty (including any improvements) referred to in this agreement is described as follows:
1
of Fift �1, Block "C", INDIAN RIDGE SECTION 1-A, a
s>i+v� ion irWlliamson County, Texas, according to the map or
plax ereo xr r ed in Cabinet J, Slide 151, Plat Records,
Willian son- o tv Texas.
r --F11.ED AND RECORDED
,1rOFFICIAL PUBLIC RECORDS 2005085218
\ E.-RdV'-
$7252005 02:33 PM
— MAfb $40.00
'NA E IS ER, %TY CLERK
IAM N N Y ERAS
City of Round Rock
F
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Home Ownership Assistance Program (HOAP) Lien
Release for Nelson and Doris Cruz.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/8/2016
Dept Director: Susan Morgan
Cost:
Indexes:
Attachments: laf and lien release doc for legistar CRUZ.pdf
Department: Finance Department
Text of Legislative File CM -2016-1074
Consider executing a Home Ownership Assistance Program (HOAP) Lien Release for Nelson and Doris
Cruz.
In an effort to increase home ownership opportunities for the residents 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 costs from 1998 to 2005. This program
required that a five year lien be placed on the property and could be released after it expired and if the
homeowner requested.
Consider executing a Release of Lien under the Home Ownership Assistance Program for Nelson and
Doris Cruz. Mr. & Mrs. Cruz received a $5,000 grant under the HOAP Program in 2004 to purchase a
home on 3917 Eagles Nest (Lot Fifteen (15), Block "C", INDIAN RIDGE SECTION 1-A) in Round Rock.
Mr. & Mrs. Cruz are now requesting that lien number 2005085218 be released.
Staff recommends approval.
City of Round Rock Page 1 Printed on 4/7/2016