CM-2017-1302 - 1/27/2017ELECTRONICALLY RECORDED 2017009089
Williamson County, Texas Total Pages: 10
RELEASE OF LIEN
Date: JanuaryiL 1, 2017
Note:
Date: October 8, 1999
Original Amount: $4,696.00
Maker: CONNIE M. ROBLES and spouse, ALBERT G. MATA
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: CDBG Coordinator
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78681
Williamson County, Texas
Note and Lien are Described in the Following Documents, Recorded in:
Deed of Trust (Down payment Assistance Program) executed by CONNIE M. ROBLES AND
ALBERT G. MATA to Charles D. Crossfield, Trustee, dated December 8, 1999, recorded as
Document No. 199986167, 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 $4,696.00, 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 Fifteen (15), Block "K", CHISHOLM VALLEY SECTION 3, a subdivision
in Williamson County, Texas, according to the map or plat thereof, recorded in
Cabinet C, Slide 166-167, 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.
149482/CC/mp
370739bk
2017009089 Page 2 of 10
When the context requires, singular nouns and pronouns include the plural.
CITY OF ROUND ROCK, TEXAS,
a Texas home rule municipality
By:, CSF L 1�.� LAURIE HADLEY, HADLEY, City Mangy er
ACKNOWLEDGMENT
STATE OF �%� �{ §
COUNTY OF Wl
This instrument was acknowledged before me on this theLIday of January
2017, by LAURIE HADLEY, City Manager, CITY OF ROUND ROCK, TEXAS, a
Texas home rule municipality, on behalf of said municipality.
o"""Y r"'o BLANCA GILLIS
o°crRue%
?=0r �� Notary Public, State of Texas
Comm Expires 03-15-2020
Notary ID 130582387
/fill
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
Notary Public, Stat of
Printed Name: 90acar �S
My Commission Expires: —/ 2C )
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
Dec 1516 06:42p Fred Garza 5122188260 p.11 2017009089 Page 3 of 10
Loam: 3363859402
Di t'e: 12115/2016
Cei titicatlon A Authorization
Cor Mcallon
The undersigned certify the following:
1. INVe have applied for a mortgage loan from C�4i Cken Loans Inc ..
("Lender''), In applying for the loan. Uwe completed a :loan application containing val�ous Information an .the
purpose of the ban, the amount end souica-df the down payment, employment:and income Info naitlon, and.assets
and Nabilltlas. IMfe certify that ell ofthe Iriformallon is true and complete. 11we. made no miarepresentatlbns In the
Icon app;lcauon orothar documents, nor did I/wa-omit any pertinantlnformatlon.
2. iMe.undemtand and agree -that Lander reserves the -right to trhange the -mortgage loan review' pnxgres to a full
docurhentatton program. This may Include verifying the information provided on the appllcatiori with thar employer
and/or the financial inetltutlon.
3. Me fully understand that It Is a Federal crime punishsbia.by fine or Impriaonment, or both,. tolonowingly make
any false statements when applying for this mortgage, as apNlcabfa under the provisions of- ltie 18, Unhed'State's
Code, Section 1014.
Aurthodution to Reteaae Informaflon
To Whom It May Concern:
I. Me have applied for a mortgage loan from Lender. As part' -of the application procass, Lender'nay. verify
Information contained In my/our ban application and (mother documents required In connection with lhe' Joan,.elther
before the loan Is .closed or as pert•af Its quality control process. Me, understand that any Warapresentatbn>z.
discovered during the application process, and thoreaRer, may be reported or shared with law enrorceme.nt or fraud
alert databases.
2. I/W6 authorize you to provide to.Lander, -afid to any investor to wtcm Lender may transfer.mylogr mortgage.
loan to, any and all informatlen and documentation that they request. Such Information Incluclas,,but is not limited
to, employment history and Income; bank;. money market, and similar account belencasi credit history ,and copies
of tnoome tax returns. Thls, authorizedon_ alao applies. to prgdt.af homeowner% Irisurence •coverpge And`r®quesls:
for payo:f statements from my/ourcurrent mortgage letmderlbank even if such requasbs are from the-tllls company'
performing the closGmglsehiement-of mylour mortgage loan with Leudet,
3. Lander or any. Investor that purchases the mortgage may address this etithadzWon to any party named In -the
loan appilcation or disclosed by any consumer credit reporting agenhy or aimliarsource.
d. -If appricable, IMIe request that mylour• second mortgeg'a loan ba .subordinated to. the new reflnonced '%L
mortgage with Lender. Ma authorize the release of any-tnformatton, 611her verbally or written, in ordarto process
the subordination request.
5. if applicable; I/We authorize the release of ahy Information to my/bur cbrrant motgagbrianderlbank If necessary
to obtain•e. payoffstatement or aid In -the -negotiation, of reduaad or inodlfied payoff tarms.
5. WMfe.aufhodze release of any Informetlon'to dth&barrowera onlhe n3ppllcatlon for this mortgage bah,
T. Mer release and agree to hold Lender and any Investor that purct4m mylour mortgage-h'ammleas•from any
lieblllty that may arise from verifying Informotion contained In tilyfpur loan applloetion- or for any repMl'ep-'af'
misreptesentatlons discovered during the-appitcatieh prdaessbr lherebfter.
8. A copy of this authorization may ha.eccepted as an original and'thle authortratlon may be-alectronlraily signed
In place of a handwritten signature_
NOTICE TO BORROWERS: This notice to you as required by the PUlght 1b'Flnancial Prlvacy.Act:,ol' 187.8 -that
HUDJFHA has a right of access. to .floanclal records held by financial Institutions In connebtlon with -the.
consideration or administration of-asststance to you. Financial records inyolvnng your transaction will be available
to HUD/FHA wllhout further notice or authorlistlo:t but will hot be disclosed or rafassed by this 169111t6non to another
Govomment Agency or Department without your consent except as required or permitted by law.
(�71L,7tj D �� -1353
Connie Robles Date esu DEW sso
oar sen saw Sam
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2017009089 Page 4 of 10
199986167 6 Pgs to
DEED OF TRUST
(Downpayment Assistance Program)
Date: U��OM' _r /tel 4 f
Grantor: CONNIE M ROBLES and spouse, ALBERT G. MATA
Grantor's Mailing Address (including county):
CONNIE M ROBL and spouse, ALBERT G MATA
6 o 1 k Vkl<<y >0rg4
v s
i/F�(TaV.Suh COuN-1
Trustee: Charles D Crossfield
Trustee's Mailing Address (including county):
Charles D Crossfield
309 East Main
Round Rock, Texas 78664
Williamson County, Texas
Beneficiary: Round Rock, Texas, a Texas corporation
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
Note(s)
Date: 19 6Ael 104
Amount: $4,6%00
Maker: CONNIE M. ROBLES and spouse, ALBERT G. MATA
Payee: ROUND ROCK, TEXAS, a Texas corporation
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 mcorporated in it, all fixtures and improvements situated thereon and all rights, titles and
mtawts appurtenant thereto
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Prior Lieu(s) (including recording information):
The liens securing another note in the original principal amount of $85,000 00, of even date, executed by
Grantor, payable to the order of EDWARD GOLLA (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 1999, 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 hen'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 requited 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 mstiuments;
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
frill to Beneficiary all sums secured by this deed of trust, and
10 comply at all tunes with the terms, representations, and conditions of the note
2
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2017009089 Page 6 of 10
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 wntten
agreement, then Beneficiary may
a. declare the unpaid principal balance and carred interest on the note immediately due,
b. request Trustee to foreclose this hen, 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 personally or by agent give notice of the foreclosure sale as required by the Texas 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.
2 Recitals m 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
Z. - --- 1 2017009089 Page 7 of 10
5. If any portion of the note cannot be lawfully secured by this deed of trust, payments shall be applied
fust to discharge that portion
6. 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 matunty Borrower's rights shall not arse 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 7 without taking
possession of the property Beneficiary shall apply all rent and other income and receipts collected
under this paragraph 7 first 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
S. Interest on the debt secured by this deed of trust shall not exceed the maximum amount of
nonusunous 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 pard, refunded On any acceleration or requured or permitted prepayment, any such excess
shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on
the pnncipal of the debt or, if the principal of the debt has been pard, refunded. This provision
ovemdes 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 mcapacity 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 it 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 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
2017009089 Page 8 of 10
deed in lieu of foreclosure of the prior lien shall receive title to the Property free and clear from
such restrictions Further, of the Financial Institution acquires title to the Property pursuant to a deed
in lieu of foreclosure, the hen 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 (n) the Beneficiary (or another party actmg 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" incudes 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
pies
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
GRANTOR
i1L� z 4. T
2DA 1' M07:L
ALBERT G MATA
ATTACHED EXHIBIT A - Legal Description of Property
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the � t day of "bCr 1999 by
CONNIE M ROBLES and spouse, ALBERT G. MATA
l: (
ROSA 8 Air M )44t
ES
W cOMM19 M EXPFa
Dsoein6rr8,S002 Notary fblic, State o Texas
PLEASE RETURN TO:
Attn. Downpayment Assistance Program Manager
City of Round Rock, Texas
221 East Main
Round Rock, Texas 78664
Williamson County, Texas
ti_ } .- --- .•M....r.rt.._.ti .. .......-� _ _T._«...�,,.� . „.W _ 2017009089 Page 9 of 10
EXHIBIT A
(Legal Description of Property)
The Property (including any improvements) referred to in this agreement is described as follows
Lot Fifteen (15), Block "K", CHISHOLM VALLEY SECTION 3, a subdivision in
Williamson County, Texas, according to the map or plat thereof recorded in Cabinet C,
Slide 166-167, Plat Records of Williamson County, Texas
FILED A RECORDED
OFFICIAL PUBLIC RECORDS
Jap , 6 T,A
12-29-1999 10.56 AM 199986167
MABRY $19.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COMITY, TEXAS
OL6,tA 2J01,es Zl Q 6
LO 5o f14 '� 5
2017009089 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2017009089
Pages- 10 Fee- $53.00
01/30/2017 10.40 AM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas
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