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CM-2016-1273 - 12/30/2016 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing Release of Lien filed under Down Payment Assistance Program for Calixtro F. Espinoza and wife Mayra T. Espinoza, for the protery located at 3641 Bass Loop, Round Rock, Texas 78664 Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/30/2016 Dept Director: Susan Morgan, CFO Cost: Indexes: Attachments: LAF -3641 Bass Loop Lien Release, Lien Release- 3641 Bass Loop Department: Finance Department Text of Legislative File CM-2016-1273 Consider executing Release of Lien filed under Down Payment Assistance Program for Calixtro F. Espinoza and wife Mayra T. Espinoza,for the protery located at 3641 Bass Loop, Round Rock,Texas 78664 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. Calixtro F. Espinoza and wife Mayra T. Espinoza has stayed in his home for the five years required and is now requesting that the lien be released. Mr. Espinoza has paid the $75.00 fee and is now requesting that Lien#2004074854 be released. Staff recommends approval City of Round Rock Page 1 Printed on 12/30/2016 RELEASE OF LIEN (Down Payment Assistance Program) Date: /11'1J 3 - �1�- Note: Date: September 17, 2004 Original Amount: $5,000.00 Maker: Calixtro F. Espinoza and wife, Mayra T. Espinoza 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: Community 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 Calixtro F. Espinoza and wife, Mayra T. Espinoza to Charles D. Crossfield, Trustee, dated September 17, 2004, recorded as Document No. 2004074854 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 Forty-Six (46), Block "F", MEADOW LAKE SECTION ONE-B REVISED, an Addition in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet P, Slide 217-219, 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. 368983 /20 lb -)219 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 By/ Laurie Hadley, City Manager ACKNOWLEDGMENT STATE OF § COUNTY OF § 201 This instrument was acknowledged before me on this the �;j day of'IhWA , -29+6, by Laurie Hadley, City Manager, CITY OF ROUND ROCK, TEXAS, a Texas home municipality, on beh IgRQaid municipality. Y Notary Public, State of m _ Printed Name:�Q L. W h►<G .. OF Sti+�;' My Commission Expires: %iii •' 1265861 PREPARED IN THE OFFICE OF: Sheets&Crossfield, P.C. Attorneys at Law 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Attn: Community Development Assistant Planning& Community Development City of Round Rock 301 W. Bagdad, Suite 140 Round Rock, Texas 78664 2 ELECTRONICALLY RECORDED 2017001618 Williamson County, Texas Total Pages: 3 RELEASE OF LIEN (Down Payment Assistance Program) Date: 3 ,-294 Note: Date: September 17, 2004 Original Amount: $5,000.00 Maker: Calixtro F. Espinoza and wife, Mayra T. Espinoza 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: Community 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 iw Deed of Trust (Downpayment Assistance Program) executed by Calixtro F. Espinoza and wife, Mayra T. Espinoza to Charles D. Crossfield, Trustee, dated September 17, 2004, recorded as Document No. 2004074854 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 Forty -Six (46), Block "F", MEADOW LAKE SECTION ONE -B REVISED, an Addition in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet P, Slide 217-219, 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. 20 dl� -1 Orr S 368983 2017001618 Page 2 of 3 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 /,P, Z&Z- By• Laurie Hadley, City Manager ACKNOWLEDGMENT STATE OF �� § COUNTY OF hmso 4 § This instrument was acknowledged before me on this the �;g day of "10 WA, by Laurie Hadley, City Manager, CITY OF ROUND ROCK, TEXAS, a Texas home rule municipality, on behg1�pS,s4id municipality. P(/ez • / �.•i4FCF1 '1�•' 1 �1265b6.•• PREPARED IN THE OFFICE OF: <21 f r &�44. Notary Public, State of k KIA�� Printed Name: I 1 My Commission Expires: I , I I '"Zi t) Sheets & Crossfield, P.C. Attorneys at Law 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Attn: Community Development Assistant Planning & Community Development City of Round Rock 301 W. Bagdad, Suite 140 Round Rock, Texas 78664 2 2017001618 Page 3 of 3 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2017001618 Pages- 3 Fee- $25.00 01/04/2017 11.58 AM i'r.,l AS EtpF-7- . Nancy E. Rister,County Clerk Williamson County,Texas , lillllllllllillililiilllilllllll(Ililllllil(Illlli �' �aa�ar4��4 � 1 6 PGS 04GF #2517 azu 55—7 DEED OF TRUST J WP File #0 4.07 `: oV (Downpayment Assistance Program) •—�— Date: Scpltynbe� C) 2004 „ Grantor: Calixtro F.Espinoza,A MARRIED MAN,JOINED HEREIN PRO FORMA BY HIS WIFE, Nt T. ESPINOZA rantor's bailing Address(including county): CalixtroF. Espinoza 0 t wZ Lam, f j,x11 is w-sn,n County Trustee: Charles D. Crossfield Trustee's Mailing Address(including county): Charles-D.Crossfield 309 East Main Round Rock,Texas 78664 Williamson County,Texas Beneficiary: City of Round Rock,Texas,a Texas home rule municipality Beneficiary's Mailing Address(including county): Attn:Downpayment Assistance Program Manager City of Round Rock,Texas 221 East Main Round Rock,Texas 78664 Williamson County,Texas NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Note(s) Date: 'D�tLyl�3[/ �1CJD� Amount: $5,000.00 Maker: CALIXTRO F.ESPINOZA Payee: CITY OF ROUND ROCK,TEXAS,a Texas home rule municipality 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 deed of trust and by this reference incorporated in it, all fixtures and improvements situated thereon and all rights,titles and interests appurtenant thereto. Prior Lien(s)(including recording information): The liens securing another note in the original principal amount of$114,995.00, of even date, executed by Grantor, payable to the order of FIRST CHOICE LENDING GROUP, LP, its successors and or assigns (herein "Financial Institution"), including without limitation the liens evidenced by that certain deed of trust and security agreement, of even date,executed by Grantor in favor of Financial Institution and recorded in the real property records of Williamson County, Texas. Other Exceptions to Conveyance and Warranty: 1. Note dated of even date herewith, between Grantor and Beneficiary (the "note"). All obligations and covenants in the note shall terminate on the date Beneficiary, in its sole discretion, issues a release of all present and future rights to establish or enforce the deed of trust lien that secures the note. The release shall be in such form as to enable it to be recorded in the real property records of Williamson County,Texas;and 2. Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments that affect the property; taxes for 2004, the payment of which Grantor assumes; and subsequent assessments for that and prior years due to change in land usage, ownership,or both,the payment of which Grantor assumes. For value received and to secure payment of the note, Grantor conveys the property to Trustee in trust. Grantor warrants and agrees to defend the title to the property. If Grantor performs all the obligations and covenants in the note and pays the note according to its terms, this deed 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 condition; 2. pay all taxes and assessments on the property when due; 3. preserve the lien's priority as it is established in this deed of trust; 4. maintain,in a form acceptable to Beneficiary,an insurance policy that: a. covers all improvements for their full insurable value as determined when the policy is issued and renewed,unless Beneficiary approves a smaller amount in writing; b. contains an 80%coinsurance clause; c. provides fire and extended coverage,including windstorm coverage; d. protects Beneficiary with a standard mortgage clause; e. provides flood insurance at any time the property is in a flood hazard area; and f. contains such other coverage as Beneficiary may reasonably require; 5. comply at all times with the requirements of the 80%coinsurance clause; 6. deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary at least 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 personally able to pay and abide by all prior lien instruments; 9. if all or any part of the Property or an interest in it(including a beneficial interest) is sold or transferred without compliance with the terms of the note and this deed of trust, immediately pay in full to Beneficiary all sums secured by this deed of trust; and 2. 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 all rights and responsibilities of Trustee. 2. 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. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce the note or to repair or replace damaged or destroyed improvements covered by the policy. 4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand at the place where the note is payable for any sums so paid, including attorney's fees,plus interest on those sums from the dates of payment at the rate stated in the note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this deed of trust. 5. If Grantor defaults on the note, or if Grantor fails to perform any of Grantor's obligations, or if all or any part of the Property or an interest in it(including a beneficial interest) is sold or transferred without compliance with the terms of the note and this deed of trust,or if default occurs on a prior lien note or other instrument, and the default continues after Beneficiary gives Grantor notice of the default and the time within which it must be cured, as may be required by law or by written agreement,then Beneficiary may: a. declare the unpaid principal balance and carried interest on the note immediately due; b. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give notice of the foreclosure sale as provided by the Texas Property Code as then amended,and c. purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited on the note. 6. If the Grantor defaults on the Note or fails to perform any of Grantor's obligations under this Deed of Trust,the Beneficiary shall provide the Financial Institution,a prior lienholder, with copies of all correspondence transmitted to Grantor regarding the default or notice of acceleration. Trustee's Duties If requested by Beneficiary to foreclose this lien,Trustee shall: 1. either p ersonally o r b y a gent g ive n otice o f t he foreclosure s ale a s r equired b y t he T exas Property Code as then amended; 2. sell and convey all or part of the property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty; 3. from the proceeds of the sale,pay,in this order: a. expenses of foreclosure,including a commission to Trustee of 5%of the bid; b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor,and d. to Grantor, any balance, and 4. if the prior lien has not been released,give written notice to Financial Institution that Grantor is in default under this deed of trust and a copy of the notice of foreclosure sale given Grantor. General Provisions 1. If any of the property is sold under this deed of trust, Grantor shall immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at sufferance of the purchaser,subject to an action for forcible detainer. 3. 2. Recitals in any Trustee's deed conveying the property will be presumed to be true. 3. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien shall remain superior to liens later created even if the time of payment of all or part of the note is extended or part of the property is released. S. If any portion of the note cannot be lawfully secured by this deed of trust,payments shall be applied first to discharge that portion. 5. Grantor assigns to Beneficiary all sums payable to or received by Grantor from condemnation of all or part of the property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the property. After deducting any expenses incurred, including attorney's fees, Beneficiary may release any remaining sums to Grantor or apply such sums to reduce the note. Beneficiary shall not be liable for failure to collect or to exercise diligence in collecting any such sums. 7. Following the maturity of the above described Financial Institution loan, Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future rent and other income and receipts from the property.Prior to such maturity Borrower's rights shall not arise under this paragraph 7. Leases are not assigned. Grantor 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 not in default under the note or this deed of trust. Grantor will apply all rent and other income and receipts to payment of the note and performance of this deed of trust,but if the rent and other income and receipts exceed the amount due under the note and deed of trust, Grantor may retain the excess. If Grantor defaults in payment of the note or performance of this deed of trust, Beneficiary may terminate Grantor's license to collect and then as Grantor's agent may rent the property if it is vacant and collect all rent and other income and receipts. Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the property. Beneficiary may exercise Beneficiary's rights and remedies under this paragraph 7without taking possession of the property. Beneficiary shall apply all rent and other income and receipts collected under this paragraph 7 fust to expenses incurred in exercising Beneficiary's rights and remedies and then to Grantor's obligations under the note and this deed of trust in the order determined by Beneficiary. Beneficiary is not required to act under this paragraph 7, and acting under this paragraph 7 does not waive any of Beneficiary's other rights or remedies. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appoint of a receiver under Texas law. 8. Interest on the debt secured by this deed of trust shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or,if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. 9. Grantor represents that this deed of trust and the note are given in part payment for purchase- money on the property. 10. Except where otherwise required or permitted by the Beneficiary in connection with a transfer on death, divorce, legal separation, or legal incapacity of a Grantor as provided in the note,the note and this deed of trust may not be assumed. 11. If Grantor fails to pay any part of principal or interest secured by a prior lien or liens on the property when it becomes payable or defaults on any prior lien instrument, the debt secured by this deed of trust shall immediately become payable at the option of Beneficiary. 12. 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, including all sums advanced for the purpose of(a)protecting or further 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 lien are paramount and controlling,and they 4. supersede any other terms and provisions of this deed of trust in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the prior lien, any provisions herein or any provision in any collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Grantor's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property.Any person, including his successors or assigns (other than the Grantor or a person or entity related to the Grantor), receiving title to the Property through foreclosure or deed in lieu of foreclosure of the prior lien shall receive title to the Property free and clear from such restrictions. Further, if the Financial Institution acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this deed of trust shall automatically terminate upon the Financial Institution's acquisition of title, provided that (i) the Beneficiary has been given written notice of a default under the prior lien and(ii)the Beneficiary(or another party acting on its behalf) shall not have cured the default under the prior lien, or diligently pursued curing the default as determined by the Financial Institution, within the sixty-day period provided in such notice sent to the Beneficiary. 13. 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 governed by the laws of Texas and the local jurisdiction in which the Property is located. 14. When the context requires,singular nouns and pronouns include the plural. 15. The term"note"includes all sums secured by this deed of trust. 16. This deed of trust shall bind, inure to the benefit of, and be exercised by successors in interest of all parties. 17. If Grantor and Maker are not the same person,the term"Grantor" shall include Maker. EXECUTED AND DELIVERED as of the date fust above written. G R: i V_J CALIXTRO F.ESPINOZA .J4"ESPINOZAC J 4,AaxAlra ATTACHED EXHIBIT A-Legal Description of Property ACKNOWLEDGMENT STATE OF TE COUNTY OF rA V S This instrument was acknowledged before me on this the y of , 2004 by CALIXTRO F.ESPINOZA,AND WIFE,MYRA T.ESPINOZA. Notary Public,S of exas PLEASE RETURN TO: Attn:Down a ent Assistance Program Manager KELLEY C�I.AMiTT P Ym gT g uer*.y moo.Sulo d Tlecea City of Round Rock,Texas .; 221 East Main f` t a e Round Rock,Texas 78664 -•";c;; MAY 3,2007 Williamson County,Texas 5. EXHIBIT A (Legal Description of Property) The Property(including any improvements)referred to in this agreement is described as follows: Lot Forty-six (46), Block "F", MEADOW LAKE SECTION ONE-B REVISED, an Addition in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet P, Slides 217-219, Plat Records, Williamson County, Texas. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2004074854 09/24/2004 09:26 AM CARRILLO $24.00 NANCY E. RISTER, COUNTY CLERK UILLIAMSON COUNTY, TEXAS 6.