CM-2016-1163 - 8/12/2016ELECTRONICALLY RECORDED 2016113475
Williamson County, Texas Total Pages: 12
RELEASE OF LIEN
Date: August / ?`; 2016
Note:
Date: December 5, 2008
Original Amount: $30,968.75
Maker: MARIA LAZARO, a single woman
ZD
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
Attn: Home Repair and Rehabilitation Program Manager
221 East Main Street
Round Rock, Texas 78664
Williamson County, Texas
Note and Lien are Described in the Following Documents, Recorded in:
Deed of Trust (Community Housing Repair and Rehabilitation Program) executed by MARIA
LAZARO to Stephan L. Sheets, Trustee, dated December 5, 2008, recorded as Document No.
2008092821, 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 $30,968.75, 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 Six (6), Block `B", PEACH TREE VALLEY, a subdivision in Williamson
County, Texas, according to the map or plat thereof; recorded in Cabinet G, Slide
99, 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.
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.
361968bk
2016113475 Page 2 of 12
When the context requires, singular nouns and pronouns include the plural.
CITY OF ROUND ROCK, TEXAS,
a Texas home rule municipality
1
By:
LAURIE HAIDLEY, City Manager
ACKNOWLEDGMENT
STATE OF Ex.►46 §
COUNTY OF WI LLMOVSON §
This instrument was acknowledged before me on this the day of August, 2016, by
LAURIE HADLEY, City Manager, CITY OF ROUND ROCK, TEXAS, a Texas home rule
municipality, on behalf of said municipality.
0%%ju111tujj,1���
M.
r� OF
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PREPARED IN TIif�1,FFICE OF:
AFTER RECORDING RETURN TO:
"I" CWAI�'- v" - S� jrn
Notary Pu c, State o KfVc,
Printed Name: Ake- kS
My Commission Expi es: 4151
Sheets & Crossfield, P.C.
Attorneys at Law
309 E. Main St.
Round Rock, Texas 78664
Attn: CDBG Coordinator
Finance
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
PA
2016113475 Page 3 of 12
Illl IIIIIIIIIIIIIlI II li I I IIIII II I II 1111111 D7 2008092821
rte` 9 PGS
} DEED OF TRUST
(Community Housing Repair and Rehabilitation Program)
f'
', T -10E. -'OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YtUY MOVE OR STRII� ANY OF THE FOLLOWING INFORMATION
FIYOT STRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECO X UIZ St�CiAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
Date:' S "72008
Grantor (whe 't. owe opil►ore):
Maria Lazar ; ar ed woman
Grantor's Mailing Addr oc ud ig county):
1103 Peach Tree
Round Rock, Texas �86t4> r
Williamson County``
Trustee: Stephan L. Sheets1
Trustee's Mailing Address (including county): '1
Stephan L. Sheets '
309 East Main Street
—
Round Rock, Texas 78664 f`
Williamson County �--
Beneficiary: City of Round Rock, Texas, a Texas horn ru micipality
Beneficiary's Mailing Address (including county): fh,
City of Round Rock
Attn: Home Repair and Rehabilitation Program Mana er,
221 East Main r
Round Rock, Texas 78664
Williamson County ,
Note(s)
Date:
Amount:
149542.doc/jmr
-Qe6-9046 5 , 2008
$30,968.75
2016113475 Page 4 of 12
aker (whether one or more):
f
lia Lazaro, an unmarried woman
'.,-'Paee: CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipality
,4"Viarity Date: As provided in the Note.
TermJs' gt�Pay$i4 t optional):
Property (i4eiudinfa y l r .vements):
The ce aih dpxdperty more pa
Deed of T�riistrfadIy this referem
situated thef6oa/and-gffriAts, tikes
Prior Lien(s)
The liens securing a�wtT er
20th day of April, 200, erN
N.A. ("Financial Institution
certain deed of trust and s'�
of Financial Institution and
Texas; and
Other Exceptions to Conveyance and
As provided in the Note.
rticularly described on Exhibit "A" attached to this
:e incorporated in it, all fixtures and improvements
and interests appurtenant thereto.
original principal amount of $96,030.00, filed the
PPA or, payable to the order of Bank of America,
in"ithout limitation the liens evidenced by that
�ement, of even date, executed by Grantor in favor
in the r�aYproperty records of Williamson County,
Ca S J�
Note dated of even date herewith, betty en, G
obligations and covenants in the Note �a1H
sole discretion, issues a release of all p; int
the Deed of Trust lien that secures the Note-.
enable it to be recorded in the real property
and
and Beneficiary (the "Note"). All
Llz on the date Beneficiary, in its
ture rights to establish or enforce
ieI aeaseq shall be in such form as to
fds `,of (Williamson County, Texas;
2. Easements, rights-of-way, and prescriptive right ,- w
presently recorded instruments that affect the Pro;
of which Grantor assumes; and subsequent assessments
change in land usage, ownership, or both, the payment o
record or not; all
,7007, the payment
91anor years due to
,ant�r assumes.
For value received and to secure payment of the Note, Grantor cone t) (Qx6pej `y to Trustee
in trust. Grantor warrants and agrees to defend the title to the Property. r �p -performs all
the obligations and covenants in the Note and pays the Note according to yens, I U
Deed of
Trust shall have no further effect, and Beneficiary shall release it at Grantors gxpE,�nke.
2�
2016113475 Page 5 of 12
{G�a1dor's Obligations
ages to:
f ee �he Property in good repair and condition;
2�ay ages aid assessments on the Property when due;
3.se e,46e'`lfen's iriority as it is established in this Deed of Trust;
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4. mainf i if a pitiable in a form acceptable to Beneficiary, an insurance policy, that:
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a. pro-id,�g1l. oo d nsprance at any time the Property is in a flood hazard area; and
fl � � r �5
b. contains sucl� 01cove rage as Beneficiary may reasonably require;
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5. deliver the hisurance�ol}tyti o Beneficiary and deliver renewals to Beneficiary at
least ten days be'f�W_2 rpir�n
r
6. keep any buildings ccupi14-akrequ e(fby the insurance policy;
7. if this is not a first lien, t
and abide by all prior lien
prior lien,notes that Grantor is personally able to pay
8. if all or any part of the Propert
sold or transferred without coml
Trust, immediately pay in full to
and
or q1 Verest j it (including a beneficial interest) is
iliiance wi�rthe terms of the Note and this Deed of
Benefrc", y all sums secured by this Deed of Trust;
9. comply at all times with the terms, represenutioms, and cgnditions of the Note.
Beneficiary's Rights
1. Beneficiary may appoint in writing a substitute or exec g6 tt-ul ee, succeeding to all
rights and responsibilities of Trustee.
2. If the proceeds of the Note are used to pay any `Jc`tu ed y prior liens,
Beneficiary is subrogated to all of the rights and liens ools o any debt so
paid. !
3. If applicable, Beneficiary may apply any proceeds receive ii r t in urance
policy either to reduce the Note or to repair or replace damiig ` o ddtroyed
improvements covered by the policy.
4. If Grantor fails to perform any of Grantor's obligations, Beneficiary Ay o,
1`-
those obligations and be reimbursed by Grantor on demand at the placeAb ;ethy
Note is payable for any sums so paid, including attorney's fees, plus interesn�tlfose
i
3 �.
2016113475 Page 6 of 12
t
y sums from the dates of payment at the rate stated in the Note for matured, unpaid
`-� 2amounts. The sum to be reimbursed shall be secured by this Deed of Trust.
�'k r 5.r,1 f Grantor defaults on the Note, or if Grantor fails to perform any of Grantor's
-; o i tions, or if all or any part of the Property or an interest in it (including a
efitial interest) is sold or transferred without compliance with the terms of the
te)and--fg-is,,
Deed of Trust, or if default occurs on a prior lien note or other
�_sfrrhent,d the default continues after Beneficiary gives Grantor notice of the
,Wfa�t-a'the ti within which it must be cured, as may be required by law or by
\Viftenra ree then Beneficiary may:
a.principal balance and carried interest on the Note immediately
du�
b. request(.Trl�ee tc �f lode this lien, in which case Beneficiary or Beneficiary's
agent slide ofice�o the foreclosure sale as provided by the Texas Property
Code as themaineu&AS. d
c. purchase the Proppan for -ed sure sale by offering the highest bid and then
have the bid credi#�on X176 Mote ,
6. If the Grantor defaults o� t4e-filote or fai.lg`to perform any of Grantor's obligations
under this Deed of Trust' the Bene firyish�ll provide the Financial Institution, a
prior lienholder, with copies of all, corye�de ce transmitted to Grantor regarding
the default or notice of accelera(in< _ {�
Trustee's Duties
,rte}
If requested by Beneficiary to foreclose this lien,T usi€e-shall:
1. either personally or by agent give notice of die ore lolure sale as required by the
Texas Property Code as then amended;.
2, sell and convey all or part of the Property to the hig est hider r cash with a general
warranty binding Grantor, subject to prior liens and�to dth!6r ons to conveyance
and warranty;, ,
3. from the proceeds of the sale, pay, in this order:
a. expenses of foreclosure, including a commission to Trustt fl +q-,. cent of
the bid;
I �f
b. to Beneficiary, the full amount of principal, interest, attorn}ste'e,//d'o er
charges due and unpaid;
c. any amounts required by law to be paid before payment to Grantor; dr`
i
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2016113475 Page 7 of 12
�L d. to Grantor, any balance; and
If the prior lien has not been released, give written notice to Financial Institution that
r 1antor is in default under this Deed of Trust and a copy of the notice of foreclosure
r~ iven Grantor.
Genelral viiss-�
1. Zf any i I'r01rty is sold under this Deed of Trust, Grantor shall immediately
i rrr -nOApossfn,to the purchaser. If Grantor fails to do so, Grantor shall become
a ten6t al-s'he�of the purchaser, subject to an action for forcible detainer.
2. If GraRfor trSn�sf(
Trustee 'ria/deal
invoke anal rene
residential ketal &rrt
manufactured hoze o�c
(a) a subordina4li.e i
Property; (b) create n
(c) transfer by devil
transfer to a spouse or,
relative of Grantor on (
Grantor is. an remains a
part of the Property without Trustee's prior written consent,
Note secured by this Deed of Trust immediately payable and
.vtden in this Deed of Trust for default. If the Property is
containing fewer than five dwelling units or a residential
apied by Grantor, exceptions to this provision are limited to
;.Vcgmrance that does not transfer rights of occupancy of the
a 4cl se -fbney security interest for household appliances;
'scent`, -of op ration of law on the death of a co -Grantor; (d)
MfArenaf - antor or between co -Grantors; (e) transfer to a
-dnto 's death; and#) transfer to an inter vivos trust in which
�e eficiary an ccupaz5 of the Property.
�l
3. Recitals in any Trustee's deed o6nvey• g e P perty will be presumed to be true.
4. Proceeding under this Deed of T u`-stARn -quit fo foreclosure, or pursuing any other
remedy will not constitute an election oyremai s)
5. This lien shall remain superior to liens lateLjue*ea-eve-n if the time of payment of all
or part of the Note is extended or part of the PCsolure
released.
� ,
6. If any portion of the Note cannot be lawfully b,y-Cisbeed of Trust, payments
shall be applied first to discharge that portions
7. Grantor assigns to Beneficiary all sums payable tu,, or re ved4y Grantor from
condemnation of all or part of the Property, from private sde inrli�u ocondemnation,
and from damages caused by public works or construct) or near he Property.
After deducting any expenses incurred, including attorne s 5aK her} ficiary may
release any remaining sums to Grantor or apply such suer o d, e Note.
Beneficiary shall not be liable for failure to collect or to� ise g ce in
collecting any such sums. j e f
F F
8. Following the maturity of the above described Financial Institution f nt
assigns to Beneficiary absolutely, not only as collateral, all present a df we're
and other income and receipts from the Property. Prior to such maturity Prrr f
rights shall not arise under this paragraph 8. Leases are not assigned% --6 �tfor
5
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2016113475 Page 8 of 12
n
/f
J� warrants the validity and enforceability of the assignment. Grantor may as
Beneficiary's licensee collect rent and other income and receipts as long as Grantor is
yf J 4ot in default under the Note or this Deed of Trust. Grantor will apply all rent and
,s Bother income and receipts to payment of the Note and performance of this Deed of
\ f FrF FY l ru .. but if the rent and other income and receipts exceed the amount due under the
{ited Deed of Trust, Grantor may retain the excess. If Grantor defaults in
(..Tayrp,-n, f he�Jote or performance of this Deed of Trust, Beneficiary may terminate
• _Gtdpt�r's liOnge to collect and then as Grantor's agent may rent the Property if it is
,cant,m+ c'ol7ect',all rent and other income and receipts. Beneficiary neither has nor
St ine> any )I' stions as lessor or landlord with respect to any occupant of the
PrQyCrrty. Aen'e i,Qlar� may exercise Beneficiary's rights and remedies under this
paragraph. -9 w fth ut taking possession of the Property. Beneficiary shall apply all rent
and oer rfcs ie and receipts collected under this paragraph 8 first to expenses
incurred- /�}exesfci in)
Be ficiary's rights and remedies and then to Grantor's
obligationi3, uhde lad No �� nd this Deed of Trust in the order determined by
Beneficiary en i y s not required to act under this paragraph 8, and acting
under this paragralri "ohmkt waive any of Beneficiary's other rights or remedies. If
Grantor become§,a v u4.k-Y 6� involuntary bankrupt, Beneficiary's fling a proof of
claim in bankrupts w� - tan0anoun to the appointment of a receiver under Texas
law.` -��`
9. Interest on the debt secCred. y this Dee 6,f Trust shall not exceed the maximum
amount of nonusurious inierest that r y be cd tracted for, taken, reserved, charged,
or received under law; any int est r6x es; of that maximum amount shall be
credited on the principal of tKe deM owif Pat has been paid, refunded. On any
acceleration or required or permittited prepayfnent, any such excess shall be canceled
automatically as of the acceleration'`er-p 5 ymen or, if already paid, credited on the
principal of the debt or, if the princy q�t� d bt has been paid, refunded. This
provision overrides other provisions in(thi -andf other instruments concerning the
debt.
10. Grantor represents that this Deed of Trust nd(t e Ndtvare given as security for
money provided for home repairs on the Property_ .k ,
r �
11. Except where otherwise required or permitted by tlf Bi connection with a
transfer on death, divorce, legal separation, or legal xfcpacrt-of a Grantor as
provided in the Note, the Note and this Deed of Trust in notssu�
_bed.
12. If Grantor fails to pay any part of principal or interest secui ed,b 'a-p'rio lien or liens
on the Property when it becomes payable or defaults on any pri r lien`s ent, the
debt secured by this Deed of Trust shall immediately become p 9lX at o tion of
Beneficiary.
13. Beneficiary and Grantor acknowledge and agree that this Deed of Tru ub; an
subordinate in all respects to the liens, terms, covenants and conditio2�a& pri
lien and to all advances heretofore made or which may hereafter be made OrsuAft , ti)
the prior lien, including all sums advanced for the purpose of (a) protecting eflj er 1,k_
I
6 N�
2016113475 Page 9 of 12
n
securing the lien of the prior lien or (b) constructing, renovating, repairing,
furnishing, fixturing or equipping the Property. The terms and provisions of the prior
/Pren are paramount and controlling, and they supersede any other terms and
rovisions of this Deed of Trust in conflict therewith. In the event of a foreclosure or
},ref—dee&.�n lieu of foreclosure of the prior lien, any provisions herein or any provision in
} Frc lateral agreement restricting the use of the Property to low or moderate income
i 7 cu Tl ids o�giherwise restricting the Grantor's ability to sell the Property shall have
no{ther frame or effect on subsequent owners or purchasers of the Property. Any
p�sorl,.!;* g lZ
dinis successors or assigns {other than the Grantor or a person or
��t}iexLGrantor), receiving title to the Property through foreclosure or
'ear i y filled t
deed--fn lied o6breclusure of the prior lien shall receive title to the Property free and
clear,.fxoiprsucb-restrictions. Further, if the Financial Institution acquires title to the
Prope�'' p}�ant to deed in lieu of foreclosure, the lien of this Deed of Trust shall
automatically termun. at upo _ the Financial Institution's acquisition of title, provided
that (i) the0eec3sr hasrbe' n given written notice of a default under the prior lien
and (ii) the Rene_ i r3'(or, other party acting on its behalf) shall not have cured the
default under the-pAorAlep;-akdiligently pursued curing the default as determined by
the Financial In`s tdtiert,- i_. the sixty-day period provided in such notice sent to
the Beneficiary. flr
14. To the extent not incbVIs kl herewith, this Deed of Trust and the Note shall be
governed by the laws o jexe and the Wdgl jurisdiction in which the Property is
located. r}
�l
15. When the context requires, sing�lar dun.5, d onouns include the plural.
T_
16. The term "Note" includes all sums �ei,-�Xy this` eed of Trust.
17. This Deed of Trust shall bind, inure to beefitr of, and be exercised by successors
in interest of all parties.
18. If Grantor and Maker are not the same p so -{hew, )m, "Grantor" shall include
Maker.
EXECUTED AND DELIVERED as of the date first a ve
GRANTOR:-'
Maria
2016113475 Page 10 of 12
/L
7I
ll'fr` f� ACKNOWLEDGMENT
STAT'.DF�AS j
COUNTYpf LV iws-0q
f Wowledged
This in•strun ent� before me on this the -5 day of
2008 by Maria�,s'zaW.
} Notary Public, State of Texas
PLEASE RETURN TO: `� r' ,.�``�P o�PRi%PI),
Sheets & Crossfield, P.C.
309 E. Main St.
�l
Round Rock, Texas 786641` , ••n°f SPS
/fill 110
� r
fo
2016113475 Page 11 of 12
EXHIBIT "A"
(Legal Description of Property)
(including any improvements) referred to in this agreement is described as
PEACH TREE VALLEY, a subdivision in Williamson
ing to the map or plat thereof recorded in Cabinet G, Slide
meson County, Texas.
S
cc,
a.c, , 6b.,& T1( 7B►46q- 5j (.
v {
{
FILED A DED
OFFICIAL PUBLIC RECO 2 21
12/29/2008 12:07 P{f/
CDEIBLER $48.00f r ti
NANCY E. RISTER, COUNTY CLERK
9 WILLIAMSON COUNTY, TEXAS'
2016113475 Page 12 of 12
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2016113475
Pages- 12 Fee- $61.00
12/05/2016 09.10 AM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a CDBG Community Housing Repair and
Rehabilitation Repair Program Release of Lien for Maria Lazaro regarding
1103 Peach Tree Cove
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/12/2016
Dept Director: Susan Morgan, CFO
Cost:
Indexes:
Attachments: Release of Lien - Maria Lazaro
Department: Finance Department
Text of Legislative File CM -2016-1163
Consider executing a CDBG Community Housing Repair and Rehabilitation Repair Program Release of
Lien for Maria Lazaro regarding 1103 Peach Tree Cove
Consider executing release of lien files under the CDBG Home Repair Program for Maria Lazaro. Ms.
Lazaro received $30,968.75 in home repairs in 2008 on her home at 1103 Peach Tree Cove. 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. Ms. Lazaro has stayed in the home for the five years required and is now
requesting that the lien be released.
Consider executing a Release of Lien under the CDBG Home Repair Program for Maria Lazaro. Ms.
Lazaro has paid the $75.00 fee and is now requesting that Lien #2008092821 be released.
Staff recommends approval.
City of Round Rock
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