CM-2016-1038 - 3/8/2016RELEASE OF LIEN
Note:
Date: July 28, 2004
Original Amount: $4,877.74
Maker: Timothy L. Pawelek and wife, Jeanine E. Pawelek
Payee: City of Round Rock, Texas, a Texas home rule municipality
Date of Maturity: as therein provided
� "S 2016022088
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 Timothy L. Pawelek and wife, Jeanine E.
Pawelek, to Charles D. Crossfield, dated July 28, 2004, recorded under Document No.
2004060192, Official Public Records, Williamson County, Texas, securing one promissory note
of even date for the principal sum of $4,877.74, 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 Nineteen (19), Block `B", DOVE CREEK STATION 1, a
subdivision in Williamson County, Texas, according to the map or
plat thereof recorded in Cabinet B, Slide(s) 238-239, 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.
OM--2C)164�r
351808bk
When the context requires, singular nouns and pronouns include the plural.
CITY OF ROUND ROCK, TEXAS,
a Texas home rule municipality
By: &'' to G�Lll
Printed Name: Laurie Hadley
Title: City Manager
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 4�day of 1� ,
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.
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
0a
911*" V '
;. SARA LEIGH WHITE
Notary Public, State of
` y MY COMMISSION EXPIRES
July 11, 2016
_
Printed Name: Jy A
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
0a
H(00� ( -Z-
: HERITAGE TITLE
BLDG. V, STE.I00
TXAS 78746
1,4 :x
Trustee:
fIiIIIIIIIIIiIIIII�IIIRIIIIIIiI�II�Ull�lll�ll181111f ;SST2004060191
DEED OF TRUST
(Downpayment Assistance Program)
2004
: }TWOTHY-I,. PAWELEK and wife, JEANINE E. PAWELEK
Trustee's Mailing Adgres�(inc
Charles D. C"
309 East Main
Round Rock, Texa
Williamson County, .
Beneficiary: City of Round
ling county):
and wife, JEANINE E. PAWELEK
counfy)�S
municipality
Beneficiary's Mailing Address (includfn -&un )'
•
Attn: Downpayment Assistance rogram Maraz
City of Round Rock, Texas
221 East Main
Round Rock, Texas 78664
Williamson County, Texas
NOTICE OF CONFIDENTIALITY RIGHTS
PERSON, YOU MAY REMOVE OIC
FOLLOWING INFORMATION FROIt
IT IS FILED FOR RECORD IN TH -1
SOCIAL SECURITY NUMBER OR Y(
NUMBER.
Note(s)
Date: VU 4 2$1)-1)0q
ARE A NATURAL
ANY OF THE
STR-UMENT BEFORE
C - CORDS: YOUR
DIHVkR'S LICENSE
Amount: $4,887.74
Maker: TIMOTHY L. PAWELEK, and wife JEANINE E. PAP
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.
CADocuments and SettingAnilopezlMy Documents\Deed of Trust for Pawelek.DOC
Other
any improvements):
The certain real property more particularly described on Exhibit "A" attached to this deed of trust
and b this reference incorporated in it, all fixtures and improvements situated thereon and all
righ{s, t1 es and interests appurtenant thereto.
14g GYftig re vrding information):
Tie ens. see anoier note in the original principal amount of $106,331.00, of even date,
execd brantoTaable to the order of WELLS FARGO BANK, N.A., its successors and
dF assigns (he{ein iFuncel Institution"), including without Iimitation the liens evidenced by
that crtai> ec o#'trsb.afid security agreement, of even date, executed by Grantor in favor of
Finaal'Instlt;ion arld recorded in the real property records of Williamson County, Texas.
Xception'sto.G}onveelyance alitd Warranty:
1. Note datid eve dq e herbewifiki, between Grantor and Beneficiary (the "note"). All
obligations, an c'�venants= in Ltharnote shall terminate on the date Beneficiary, in its sole
discretion, i�ssxes grelease of alI present and future rights to establish or enforce the deed of
trust lien that sires n e. Tie release shall be in such form as to enable it to be
recorded in the r pro ;r rds f Williamson County, Texas; and
2. Easements, rig hts-o wad%, awl pre rip ' e n lits, whether of record or not; all presently
recorded instruments affecctt_the operty; axes for 2004, the payment of which Grantor
assumes; and subsequentasess nts that and prior years due to change in land usage,
ownership, or both, the payriient of 'ch Grantor a5pWnes.
For value received and to secure payment of the note,
Grantor warrants and agrees to defend the title to thepi
covenants in the note and pays the note actor to
effect, and Beneficiary shall release it at Grantor's 4pei
Grantor's Obligations
Grantor agrees to:
f
1. keep the property in good repair and condition; �y
2. pay all taxes and assessments on the property when due;
3. preserve the lien's priority as it is established in this de of st;
4. maintain, in a form acceptable to Beneficiary, an insur ce y
a. covers all improvements for their full insurable valu s ed en the policy is
issued and renewed, unless Beneficiary approves a smaller o ;
b. contains an 80% coinsurance clause;
c. provides fire and extended coverage, including windstorm verage;
d. protects Beneficiary with a standard mortgage clause; ��
e. provides flood insurance at any time the property is in a flood alcdarea,
f. contains such other coverage as Beneficiary may reasonably req e;
5. comply at all times with the requirements of the 80% coinsurance claus ;
6. deliver the insurance policy to Beneficiary and deliver renewals to Ben ci east n
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 t pay ar�
abide by all prior lien instruments;
9. if all or any part of the Property or an interest in it (including a beneficial interest) so
transferred without compliance with the terms of the note and this deed of trust, imm ' y
pay in full to Beneficiary all sums secured by this deed of trust; and
the property to Trustee in trust.
performs all the obligations and
:d of mist shall have no further
('r
comply at all times with the terms, representations, and conditions of the note.
Rights
,I -.—,Be I -
may appoint in writing a substitute or successor trustee, succeeding to all rights
-,-,,an re Wities of Trustee.
-2. t o procee&%of the note are used to pay any debt secured by prior liens, Beneficiary is
= Y su3irogatet' to-aq] of the rights and liens of the holders of any debt so paid
3,-• BenffreiaFy,rriay apappy any proceeds received under the insurance policy either to reduce the
%{ Jade or repaT�r dace damaged or destroyed improvements covered by the policy.
4,: If Gdntor fails- t pefform any of Grantors obligations, Beneficiary may perform those
;oli{ligaliohs � d'�� ;ifnbursed by Grantor on demand at the place where the note is payable
fqz-any spills so .p id, including attorney's fees, plus interest on those sums from the dates of
payn,}etit at �th fated in the note for matured, unpaid amounts. The sum to be
reimbuwr ed�Sltall be sec ed by this deed of trust.
5. If Grantor defayrlfs o the note, or,'if Grantor fails to perform any of Grantor's obligations, or
if all or y pirt of dte,Wopert j oan interest in it (including a beneficial interest) is sold or
transferre with it con3pliaance with the terms of the note and this deed of trust, or if default
occurs on a pilar-ii5n'noterWother instrument, and the default continues after Beneficiary
gives Grantor notice of tie difauit,and the time within which it must be cured, as may be
required by law d 4hy �i a enkrit, then Beneficiary may:
a. declare the unpai prep 1 alaAce an _'D ed interest on the note immediately due;
b. request Trustee fc,tse this li1en; in ch case Beneficiary or Beneficiary's agent
shall give notice o e for o e sal s provided by the Texas Property Code as then
amended, and
c. purchase the property at --any losure sale b ffering the highest bid and then have
the bid credited on the n�b�g
6. If the Grantor defaults on the Note or fails t e� an f Grantor's obligations under this
Deed of Trust, the Beneficiary shall pr�ride the cial stitution, a prior lienholder, with
copies of all correspondence trans • tted Gr for r garding the default or notice of
acceleration.
Trustee's Duties
If requested by Beneficiary to foreclose this lien, Trustee shad 0
1. either personally or by agent give notice of thea-fbmcloig' sale as
Property Code as then amended;
2. sell and convey all or part of the property to the highestibidQi f
warranty binding Grantor, subject to prior liens and to othcep
warranty;
3. from the proceeds of the sale, pay, in this order:
a. expenses of foreclosure, including a commission to Truste of 56
b. to Beneficiary, the full amount of principal, interest, alto '
due and unpaid;
c. any amounts required by law to be paid before payment to Gran c
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.
Kg
by the Texas
L with a general
conveyance and
charges
ral rovisions
�fIf any of the property is sold under this deed of trust, Grantor shall immediately surrender
--If
ession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at
sufrance of the purchaser, subject to an action for forcible detainer.
t 2 r Retals ia=y.�Trustee's deed conveying the property will be presumed to be true.
Pr Oec'fing un�tr this deed of trust, filing suit for foreclosure, or pursuing any other remedy
} will not c&2fttu an election of remedies.
4r-�Tlu�iii -hoot r�I emai� superior to liens later created even if the time of payment of all or part
)af'the n&e is a*tcp f or part of the property is released.
If fy po5vgx f the no cannot be lawfully secured by this deed of trust, payments shall be
-&lieA,-r1rstdis ge that portion.
6. 6tan[or,6signs--Ito Beneficiary all sums payable to or received by Grantor from
conderfinatiori of2fl--nr,part of the property, from private sale in lieu of condemnation, and
from,datagds caused b public works or construction on or near the property. After
deducting; any 4eles 'ncurrA including attorney's fees, Beneficiary may release any
remaining sums to CirantoVrr-appltr such sums to reduce the note. Beneficiary shall not be
liable for failure tdkcolleptor fb dXercise diligence in collecting any such sums.
7. Following the maturity of the above described Financial Institution loan, Grantor assigns to
Beneficiary absol Lely s-riot o y N% collateral, all present and future rent and other income
and receipts frontgbz'pxepc� orgo such maturity Borrower's rights shall not arise under
this paragraph 7. Le Ses a� ndt-a�sigjed. Cr�}tor warrants the validity and enforceability of
the assignment. Gra orinna3 as Bene�fteik'licensee collect rent and other income and
receipts as long as Gran r is npt't the note or this deed of trust. Grantor will
apply all rent and other 1hpi e d16-faultgder
e ps to payment of the note and performance of this
deed of trust, but if the rentarid o r mcome and r tpts exceed the amount due under the
note and deed of trust, Grantb�retain the ess. Grantor defaults in payment of the
note or performance of this deed of trust, en8' efary y terminate Grantor's license to
collect and then as Grantor's agent may�rent ro erty if it is vacant and collect all rent
and other income and receipts. Benefciary1ther s n assumes any obligations as lessor
or landlord with respect to any cups u the,property. Beneficiary may exercise
Beneficiary's rights and remedies and this parapdph without taking possession of the
property. Beneficiary shall apply all rent'and-ot a ncome at d receipts collected under this
paragraph 7 first to expenses incurred in exer in sen�fic+ry's rights and remedies and
then to Grantor's obligations under the note an thi did of Fust in the order determined by
Beneficiary. Beneficiary is not required to act der this gparagraph 7, and acting under this
paragraph 7 does not waive any of Beneficiary's To or remes. If Grantor becomes
a voluntary or involuntary bankrupt, Beneficiary's filing a ppo-1 d cl 'm in bankruptcy will
be tantamount to the appoint of a receiver under Texasw.
8. Interest on the debt secured by this deed of trust shall of exceedr aimum amount of
nonusurious interest that may be contracted for, taken, resescecl; rged,,or received under
law; any interest in excess of that maximum amount shall be c diten tlp ' cipal of the
debt or, if that has been paid, refunded. On any accelera on cfr squire or permitted
prepayment, any such excess shall be canceled automaticaof a el tion or
prepayment or, if already paid, credited on the principal of the de >x o principa of the
debt has been paid, refunded. This provision overrides other prove to in 9"a d all other
instruments concerning the debt.
9. Grantor represents that this deed of trust and the note are given in part pa nt f Chas -
money on the property.
10. Except where otherwise required or permitted by the Beneficiary in co on
transfer on death, divorce, legal separation, or legal incapacity of a Grantor s ed
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 Ii 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.
.i
13.
14.
15.
16.
17.
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
to all advances heretofore made or which may hereafter be made pursuant to the prior lien,
m�luding all sums advanced for the purpose of (a) protecting or further securing the lien of
,the nor lien or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the
Pr r�Tht,terms and provisions of the prior lien are paramount and controlling, and they
I supersede any ather terms and provisions of this deed of trust in conflict therewith. In the
event of a% o eclosure or deed in lieu of foreclosure of the prior lien, any provisions herein or
any g%rf inmany collateral agreement restricting the use of the Property to low or
,ms deratb incorpe teholds or otherwise restricting the Grantor's ability to sell the Property
shall -have no U&' d1 force or effect on subsequent owners or purchasers of the Property. Any
rson�.-in cl0iiclifigas--successors or assigns (other than the Grantor or a person or entity
r�etdQe 'tor), receiving title to the Property through foreclosure or deed in lieu of
forec; ure�raf the-pnor lien shall receive title to the Property free and clear from such
restricts s. fFurthers if flxe Financial Institution acquires title to the Property pursuant to a
deed in ligfi of f6re+s4, the n of this deed of trust shall automatically terminate upon
the Financial i' stitutiQn?s a (fvisii n of title, provided that (i) the Beneficiary has been
given writ n noting of a 111 der the prior lien and (ii) the Beneficiary (or another party
acting on itsI -, have cured the default under the prior lien, or diligently
pursued curing tl;�'defaztit as- determined by the Financial Institution, within the sixty-day
period provided sue; et te Beneficiary.
This dead of trust andthe. no ' l ment g -USC 12701 et seq. and 24 CFR Part 92 and
shall be construed irlaac4r ce 1� re it{ Tc#.the extent not inconsistent therewith, these
documents shall be gove�nedhy'th�laws Texas and the local jurisdiction in which the
Property is located. CC �
When the context requires, gular uns and pronginclude the plural.
The term "note" includes all secured by N5, -deed 6f trust.
This deed of trust shall bind, inure to the eneof,d be exercised by successors in
interest of all parties. f
If Grantor and Maker are not the s �bersohe teriri " antor" shall include Maker.
EXECUTED AND DELIVERED as of the date first
TIMOTHY L.P.
E. P
ATTACHED EXHIBIT A - Legal Description of Property
ACKNOWLEDGMENT
STATE OF TEXAS ,
COUNTY OF 1'Lt1115
This instrument was acknowledged before me on this the 30 day
by TIMOTHY L. PAWELEK and wife, JEANINE E. PA LEK.
• 1,i;;Yl iii�iS
Public
root :� Y Notary Public, State of Texas
State L -,f texas
My commission Expi,ee
JUtqE 16,2005
5.
SES RETURN TO:
F� itt a: Downpa nt Assistance Program Manager
{ C of Ro Rock, Texas
R221 S' ain
ock, Texas 78664
r 1 'a on Counw. Texas
EXHIBIT A
(Legal Description of Property)
,ThetPro�erty (including any improvements) referred to in this agreement is described as follows:
k -Q9), Block 'B", DOVE CREEK, SECTION 1, a
in Williamson County, Texas, according to the map
�o' riNorded in Cabinet B, Slide(s) 238-239, Plat
..1h1q,Wn County, Texas.
--� FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2004060192
08/02/2004 09:30 AM
ALLEN $26.00
NANCYR TER, COUNTY CLERK
I LIAMSON COUNTY, TEXAS
O
4�
%A
CM -2016-1038
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
(� ATTN: MONIQUE ADAMS
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2016022088
Nancy E. Rister, County Clerk
Williamson County, Texas
March 17, 2016 09:55 AM
FEE: $57.00 BARRICK