HomeMy WebLinkAboutOrdinance No. 2013-08 (Title: An ordinance approving a zoning classification change for 707 Cowards Creek'
Drive, (out of Lots 1 and 2, Block B, of Central Park Subdivision) from Single - Familyl
Residential Dwelling District (SFR) to Single - Family Residential Estate Dwelling District'
(SFR-E).)
ORDINANCE NO. 2013-08
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C, "ZONING", SECTION 3,
"PROVISION FOR OFFICIAL ZONING MAP", BY
CHANGING THE ZONING CLASSIFICATION FOR 707
COWARDS CREEK DRIVE, A 2.16 ACRE TRACT OUT OF
LOTS 1 AND 2, BLOCK B, OF CENTRAL PARK
SUBDIVISION IN J.R. WILLLAMS/SARAH MCKISSICK
LEAGUE, FRIENDSWOOD, GALVESTON COUNTY,
TEXAS FROM SINGLE - FAMILY RESIDENTIAL
DWELLING DISTRICT (SFR) TO SINGLE — FAMILY
RESIDENTIAL ESTATE DWELLING DISTRICT (SFR-E);
PROVIDING FOR AN AMENDMENT OF THE CITY'S
OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY
IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH
DAY OF VIOLATION OF ANY PROVISION HEREOF;
AND PROVIDING FOR SEVERABILITY.
WHEREAS, Edward G. and Anna Mae Boyer are the owners of a parcel of land and
improvements (the "Property") generally located at 707 Cowards Creek Drive, Friendswood,
Texas, a 2.16 acre tract out of Lots 1 and 2, Block B, of Central Park Subdivision in the J. .
Williams or Sarah McKissick League, in Galveston County, Texas, the map of which
subdivision is recorded in Volume 105, Page 151 in the Office of the County Clerk; Galveston
County, Friendswood, Texas; and
WHEREAS, the Property is described and depicted in more detail in Exhibit "A"
attached hereto and incorporated by reference for all purposes; and
WHEREAS, the owners have made application to the City to change the zoning
classification of the Property from Single - Family Residential Dwelling District (SFR) to Single
• •ILA ) � ' r '
Family Residential Estate Dwelling District (SFR-E), a copy of which application is attached
hereto as Exhibit`B" and made a part hereof, and
WHEREAS, the Planning and Zoning Commission and the City Council have
conducted, in the time and manner required by law and the Zoning Ordinance of the City, a jomt
public hearing on such request; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City;
Council, whereby the application received a majority vote recommending rapp`rovaI—] of the
application; and
WHEREAS, the City Council deems it appropriate to grant such request, subject to
certain regulations, restrictions and conditions,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3,
"Provision for Official Zoning Map," is hereby amended, changing the zoning classification
from Single Family Residential Dwelling District (SFR) to Single - Family Residential Estate
Dwelling District (SFR-E) of the 2.16 acre tract of land, also known as 707 Cowards Creek
Drive, being out of Lots 1 and 2, Block B, of Central Park Subdivision in the J.R. Williams or
Sarah McKissick League, in Galveston County, Texas, the map of which subdivision i
recorded in Volume 105, Page 151 in the Office of the County Clerk; Galveston County,
Friendswood, Texas; a map and metes and bounds description of which are attached hereto and
made a part hereof as Exhibit"A" (the"Property").
Section 3. The Official Zoning Map of the City of Friendswood shall be revised and
amended to show the designation of the Property, as described and as provided in Section
above, with the appropriate reference thereon to the number and effective date of this Ordinance,
and a brief description of the nature of the change.
Ord 2013-08 2
Section 4. This Ordinance shall in no manner amend, change, supplement or revise
any provision of any ordinance of the City of Friendswood, save and except the change in zoning
classification of said Property as described above to Single - Family Residential Estate Dwelling;
District(SFR-E).
Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or
provision hereof other than the part declared to be invalid or unconstitutional; and the City)
Council of the City of Friendswood, Texas declares that it would have passed each and every,
part of the same notwithstanding the omission of any and every part of the same, notwithstanding
the omission of any such part thus declared to be invalid or unconstitutional, or whether there be
one or more parts.
Section 6. Any person who shall willfully, intentionally, or with criminal negligence
\ violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation
shall constitute a separate offense.
i
PASSED AND APPROVED on first reading this 1st day of April,2013.
PASSED, APPROVED, AND ADOPTED on second and final reading this 6th day
of May,2013.
Kevin M. and
Mayor
ATTEST:
pRIEN
Melinda Welsh, TRMC
City Secretary
• ••GJe
ROF��•'•
Ord 2013-08 3
Exhibit"A" to Ordinance No.2013-08
Location map and description of the Property located at 707 Cowards Creek Drive, Friendswood,
Texas:
t
I
Ord 2013-08 4
(� Ordinance 2013-08 tJ
Exhibit A
A tract of Land containing 2.16 acres, more or less, out of lots One (1) and
Two (2), Block Lettered "Bn of Cil-N- AL PARK SUBDMIiSION in the J. R. f811iams
or Sarah ?McKissick League, in Galveston County, Texas, map of which subdivision
is recorded in Volume 105 Page 151 of the records of Galveston County, Texas,
said property being more fully described by metes and bounds as follows:
COMIMCING at the F.atth corner of said Lot 2, same being the east corner of
Lot 1 of said Block B of the aforementioned subdivision;
17MNCE SOUTH 45. degrees 00 minutes 45 seconds West along the Northwest line of
said Lot 2, .same being the Southeast line of said Lot 1, a distance of 73.67
feet to a point is the Southwest right of way line of Sunset- Drive;
THENCE continuing South 45 degrees 00 minutes 45 seconds West, along the common
line between Tots 1 and 2, a distance of 306.18 feet to the BEGIC7PUG comer of
the tract herein described, said corner being a total distance of 379.85 feet
Smaluiest from the North corner of said Tot 2;
THENCE from said beginning point, North 45 degrees 01 minutes 25 seconds West,a
distance of 175.1 feet to a point on the Southerly side of a dedicated 60 foot
road;
774E10E continuing North 45 degrees 01 minutes 25 seconds West, a distance.of
40.15 feet to a point in the center line of said 60 foot road and being a point
on a curve concave to the left;
THENCE along the arc of said curve in the center line of said 60 foot road',
having a radius of 275.87 feet and a central angle of 37,degrees 04 minutes,
a distance of 133.77 feet to the end of said curds;
THENCE SOUTH 53 degrees 01 rnnutes 20 seconds West along the center line of
said dedicated road a distance of approximately 76 feet to a point in the
center line of a small gully;
THENCE in a SOUTHEASTERLY direction along and with the meanders of the center
line of said gully, a distance of approximately 30 feet to an iron stake set
in the canter line of said gully and on the Southerly line of said dedicated /
60 foot road,
TIIE`v E"'Ontinue ,i.n a SOUMASTERLY directinn, ale dtwith the meanders ,
of he center lice of said gully, a distance of app a'tely -255 feet to a
point in the common line between said Lots 1 and 'ge "Bo, Which point is
618.2 fee Southwest from the Xorth comer of sal: Fi 2,• _ `�
TM OF continuing in a SOUTHEAS n Y direction and al� sg and with the meanders
of the center line of said gully, a distance of appmately 170 feet to a point
in the center line of Cowart's Creek; 1 .
THENCE in a NOR141EASTERGY direction-along and with the meanders of. the center line
of Cowart's Creek, a distance of approximately 250 feet;
rxMME NORTH 45 degrees 01 minutes 25 seconds Hest; a distance of approximately
30 feet to an iron stake set on the bank of Cowart's Creek;
T.10;CE continuing North 45 degrees 01 minutes 25 seconds Feat a distance of
171.9 feet to the PLACE OF BEGINNING,
Ordinance 2013-08
207 Exhibit A
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B `97d 913 GRMYLimits
1003 / 503 �d 915 Counties
rmer.The City of Friendswood makes no representation or warranty as to the accuracy of this map and @s information nor to its fitness for use.Any user of this map produd accepts the same AS IS,
'ssrr:BALL FAULTS,and assumes all responsibifity for the use!hems(and furtheregrees to not hold the City ofFnendswood liable fmm any damage,loss,or liability arising from any use of the map product.
independent verification of all information contained on Ibis map should be obtained by the end user.
City South
Friendswood
91°S°nthod,Texas
Friendswood GIS Mapping
Is
Fnentlswood 7ezas 77546(281)996-3200
ww vdlnendswood.br.us 1 "=309 '
Exhibit"B" to Ordinance No. 2013-08
1. Application
Ord 2013-08 5
Ordinance 2013-08
Exhibit B
CITY OF FRIENDSWOOD
LAND USE CHANGE APPLICATION
l'- 1�� -13
ZONING CHAANG REQUESTED DATE FILED: ' 1) '
FROM:C. r DATE OF PUBLIC HEARING:
TO: FEE: J300Atr
PROPERTY IDENTIFICATION: /,} _0 /1
Street7Road Address: M 1 ( "bad yG�ll s Creek Dr
tO,tr,+ d� Lot: r iJ-1 Block.__Z ¢r�' `Jl=-6dr���io✓t
LEGAL DESCRIPTION:
I
Describe from deed records,attach copy of deed,and use Metes and Bounds Description:
PLATTED LAND:
UNPLATTED LAND(Must have certified metes and bounds description,including name and
address and telephone number of surveyor) �n
RECORDED OWNER: 61 o and (7- `Y An'A a, Mae f3otre(' _
OWNER'S INFORMATION
NAME:F-doar'CI��Fj Anod- Qe- EMAILADDRESS:
PHONE NUMBER:C9))t ;4(0 50 FAX#:
MAILING�ADDRESS?O rI 00Wa.(`dS
CITY. I�/'iexuzSWBdGR STATE_ ZIP 7Z5AP
AGENTS INFORMATION
NAME: EMAIL ADDRESS:
PHONE NUMBER: FAX#: I
MAILING ADDRESS
CITY STATE ZIP
PETITION: As owner/Agent, I hereby petition the city for approval of the above described
request as provide y the laws of the State of Texas and Ordinances of the City
of Friendsw d'
Signature Signature:
(Owner) (Agent)
FEE:A4/—# DATE PAID: RECEIPT NUMBER: N I A
ncammwuty OevelopTtf`%aH'n9�IDrvnJJLimn W E2 Foimnzaren¢rwmNam„se N:nyo oppowuan.,esweeoc
GF # 1329-71 DEED OF TRUST
THE•STATS OF TEXAS 1 ss: KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF Uy 91MV GALVESTON 1
. That the u deWgaed l! `•s U !i -
t v
GERBARD G. MEISELS and wife, SYLVIA K. MEISELS,
Galveston
of$aiik Conan Texas,hereinafter Bled Grantors(whether one or more,and which term Grantors shall ivclude the heirs,sue-
cessors.assigns and legal representatives of the herein named Grantors),m consideration of the debt and trust hereinafter meagoned,
haw Granted,BargamAd, Sold and Conveyed.and by thew Presents do Grant Earp a. Sell and Convey unto CHARLES L. �
FOLEY, Trustee, of Harris Conoty Texas, and onto the sexessor or'subatituto Trustee hereurafter provided, the following
described property aiteated in dTgWb Coanty,Texas, to-wit: ,
_ 's yy��++..;;,,,, P,AGE•3v" aa:;....s .
WJ 1
A tract of land containing 2.16 acres, more or less, out of Lots One (1) and
Two (2), Block Lettered "B" of CENTRAL PARK. SUBDIVISION in the J. R. Williams
or Sarah McKissick League, in Galveston County, Texas, map of which subdivision
is recorded in Volume 105 Page 151 0£ the records of Galveston County, Texas,
said property being more fully described by metes and bounds as follows!
COMMENCING at the North corner of said Lot 2, same being the east comer of
Lot 1 of said Block B of the aforementioned subdivision;
THENCE SOUTH 45 degrees 00 minutes 45 seconds West along the Northwest line of
said Lot 2, same being the Southeast line of said Lot 11 a distance of 73.67
feet to a point in the Southwest right of way line of Sunset Drive;
THENCE continuing South 45 degrees 00 minutes 45 seconds West, along the common
line between Lots 1 and 2, a distance of 306.18 feet to the BEGINNING comer of
the tract herein described, said comer being a total distance of 379.85 feet
l~mot Southwest from the North comer of said Lot 2;
THENCE from said beginning point, North 45 degrees O1 minutes 25 seconds West,a
distance of 175.1 feet to a point on the Southerly side of a dedicated 60 foot
road;
I
THENCE continuing North 45 degrees 01 minutes 25 seconds West, a distance of
40.15 feet to a point in the center Line of said 60 foot road and being a point
on a curve concave to the left;
THENCE along the are of said curve in the center line of said 60 foot road,
having a radius of 273.87 feet and a central angle of 37.,degrees 04 minutes,
a distance of 133.77 feet to the end of said curve;
THENCE SOUTH 53 degrees 01 minutes 20 seconds West along the center line of
said dedicated road a distance of approximately 76 feet to a point in the
center line of a small gully;
THENCE in a SOUTHEASTERLY direction along and with the meanders of the center
line of said gully, a distance of approximately 30 feet to an iron stake set
in the center line of said gully and on the Southerly line of said dedicated
60 foot road;
THENCE continuing,'vn a SOUTREASTERLY direction, alo ld:.wi.th the meanders
of'the center Tina of said gully, a distance of app. grely 255 feet to a
point in the common line between said Lots 1 and oC�d $", which point is
618.2 feet Southwest from the North comer of said; �.i2;.
THENCE continuing in a SOUTHEASTERLY direction and _ g and with the meanders
of the center line of said gully, a distance of ap imately 170 feet to a point
in the center line of Cowart's Creek;
THENCE in a NORTHEASTERLY direction along and with the meedem of. the center line
of Cowart's Creek, a distance of approximately 250 feet;
THENCE NORTH 45 degrees 01 minutes 25'seconds West, a distance of approximately
30 feet to an iron stake set on the bank of Gowart's Creek;
THENCE continuing North 45 degrees OS minutes 25 seconds West a distance of
171.9 feet to the PLACE OF BEGINNING,
imc/1s '#33085
(;F # 1329-71 DEED OF TRUST 33ogs
THE-STATE OF TEXAS KNOW ALL,MEN BY 77IISE PRESENTS:
COUNTY OF IYAWJ&IGALVESTON
That the undersigned, r y S j 3 C)
GERHARD G. NEISELS and wife, SYLVIA K. NEISELS,
Galveston
of 1U,9 County.Tom hereinafter called Graatoxs (whstber one or cover,and which term Grantors shall include the befra,auo-
cre,oxs,assigns and legal representatives of the herein named Grantors),in consideration of the debt end trust hereinafter mentioned,
have Granted.Bargained, Sold and Conveyed,and by these Prosenb do.Grant„Bacgamu,_Pell,and Convey unto CHARLES L.
FOLEY, Trustee, of Harris Coun Terns, and unto the successor or's6bstitute Tru'atea here ivaftar'prowd'ed, the falbwmg
described property situated in�County.Teaaa. to-wit: ....
1
together with all imyravements thereon and hereafter Placed theroon,and oll fames,materials,equipment.sPPeratvs and other
property,real and personal,now or hereafter installed or used on the above descried property or the= rovemeats thereon and aced
oe famished m connection with the operation,use and enioymevk of the above describer)Pxopexty a�the imPeovemenisg thermn,
savep�aently attached to th am�r�a rsi6ed real proPeall of wLihCh ssifl Property a�ndttLLfixtums shall burr¢deemed to beta part
of and aHired to the above descried:eel property;and all r®ts,mmme and Pm@ts arising from nay part of tba above desm,bed
P.perty and the use thereof. '
TO HAVE AND TO HOLD the above described property,together with all and singular the rights,privileges,hereditamenta,
and aPPmtenanoes there=to in anywise incident,appertaining or belonging all of which i9 herein railed the Premises) unto the
Trustee,and hie successors or substitutes forever,and Grantors hereby bid themselves,their heirs, successors and legal repro-
sentatives,to warrant and forever defend the Premises=to the Trustee,his comeessom and substitutes,against every person whom-
9 soever lawfullY..vafmiuC.oz.to.dtim.the.same:or,?wyRart.thereof. .;..._;..:
This oonveysuce is made in treat on the following trusts,terms and wnditions,end for the purpose of securing and enfoxdng
r the Payment of an indebtedness,as evidenced in part by a certain prumissory note (herein called the Note) of even date herewith
in the principal sam of
FIFTY SI% T'H)USAND AND N0/100 _ _ _ _ _ _ _ _ _ _ _ _
Dollar($ 56,000.00 ),hearing intend before and after muterity thereof at the rates therein specified,containing an
j accelerating maturity clause,emecated by Grantors
p and payable to the orderof
FIRST MORTGAGE COMPANY OF TEXAS, INC,
(== aye¢of the Note and all other legal owners and holders of the Note beh'ng here',called the Beneficiary),at Houston,Texas,
in lawful no neY of the United States of America on the due date thereof,as follows:
In monthly installments of FOUR HUNDRED AND 40/100 DOLLARS ($400.40) each, including
interest, the first installment being due and payable on April 1, 1972, with a like
installment being due and payable on the first day of each month thereafter until
March 1, 2001, on which date the entire unpaid balance of said note shall be due and
payable. Payments shall be applied first to accrued interst and the balance remaining
to principal.
Grantors are given certain prepayment privileges as set out in said note.
the Note further providing that if it is placed',the bands of an attorney for ro pay,o or if if is collected through the Probate
Court,BankmPtcY Court or by any other legal proceedings,the Grantor agreeed to to r ci on demand, o costs and expenses incurred
in connection therewith,indudivg a reasonable attomWs fee not m exceed ten Per cent of the amount of principal and',texest
than=paid on the Note.
In addition to the Note,the indebtedness secured hereby shall mvo and include all other sums of money which may be here-
afte the d and ad heroin iy tt a mein t bud under
turns
�Previsions of this Deed of Trust,all of which said sums of maneY
allel
Grantors hereby expressly covenant and agree that .
1. They will pay the Note and the reserve fund,if any,stipulated',the ascending paragraph 9 hereof,in accordance with
the teen and Provhoona thereof Beneficary,may collect a late charge not to evoeod 2%of the amo=t of any Note installment
or reserve fund Payment which is not paid within fifteen (15) days of the due date thereof to rover the extra expense involved In
- handling delinquent Payments•. qq
or a2. iThey wof)the Beneficiary Ohet¢in,oc eny Pexsst°f the Indebtedn and other es imposed,levied or assessed sgtiust the Premises,
Rem.To:First Mortgage Co.of Texas,Ina,P.O.Box 1413,Houston,Texas 17001.
3. They will keep the Premises in good condition and repair and will not commit or permit any waste,impairment or deteri-
oration of the scone, and Grantors shall comply with all laws, ordinances,rules or regulations now gusting or bereaftec imposed
with respect to the Premises t the use or occupancy thereof.Neither shall any improvements be altered,destroyed,or removed
from the Premises without the written consent of tthc Beneficiary.and the Beneficiary shall have the right of entry upon the Pxem-
ises and the improvements located thereon at all;reasormble times for the Purpose of inspecting the same.
4. As additional security for the payment of the Jndebtedness,Grantors hereby-assign to the Beneficiary all rents,revenues,
and incomes From the Premises, including all rents, revenues,bonus money, royalties, rights and benefits accnany to Grantors
uncle[ all Preset and futum ail, gas and mineral leases on Sagent of'the Htnefifciary,shall bavemlhe pright to dam ,s ;
collect;
money secured by this Deed of Trust,the Beneficiary,or any
receive,sue[or and recover in its own name all such presendy owing or fsstu�ecoretn �=vt deducting hrefx m all ly the came of
to the Daymant of he Indebtedness in such mamir as the Beneficary may
collection.On such de[asslt,the Bev¢Sciary shaLL also have Ebe right to take possession of the Premises,remove all Persons them
from and rent the same Ear the account of Gcantars Likewise,on such de[avlk he Beneficiary shall be entitled to have a receive;
appointed without notice to Gxantonc and without re�rd to the valuation of the Premises or the solvency of Grantors or any other
pemon hable ter any part of Lhe Indebtedness.
5. Grantonc vdll lceep the Premises insured against such hazards and in such companies, forms and amounts as in be
required by the Beneficiary.All such insurance polices shall contain loss pgyasle clauses payable to the Baneficiary,as its interest
may appear,and all insuranea policies and renewals thereof shall be delivered to he Beneficiary immediately upon if-trance thereof,
togethr with receipts showing payment of all premiums thereea.The Beneficiary shrill have the right th collect anode othev�se)
money that may been get of the same,less atreasonble collce o expense, s a medisonthe Indebatednes,eventhough the Indebted-
and apply all ox any p he Beneficlary may use any part of such money for the rebuilding and
ness cony not be dva according to its teems.At its ptie¢,
restoration of any part eF the damaged or destroyed Pxemssm.Aqv faith money held br'the Beneficiary for rebuilding or restore'
Gon shall be held mthout psymant or allowance of interest This provision shall noE create any duty ov the part of the Beneficiary
to coLLeet insurance proceeds and the Beneficiary sha14 notheresponsihla for the failure to collect the same regardless of the cruse
of such failure.Iv the event of foreclosure of thin Deed of Trust Or other transfer of title to the Premises in extingurshmat of the
Indebtedness,all right,title and interest of Grantom fn and to all insurance policies then in force with respect to any part of the
Premises shall pass to and vest th the new owner of hst part of the Premises covered by such ^�"^^�'Policy.
6. II Grantonc fail to pay before delinquency all taxes,assessments and other charges imposed,levied or assessed against the
Premises,of any intemst of the Eeneficiary therein,br against any part of the Indebtedness,,or to maintain the insurance coverage,
all as herein provided.the Beneficiary may,at its odtion and without wazve[of any other nghts gran sncL of Trust=11
breach of the..inalu i s contained strata,procure an�Pay for any such insurance coverage and pay eaY, g ce_
other
the validi Y of any su touts.oms that zssessment�-s.tsar es be nee:ea,�F!s^d tax aaleS tha re hee receipts of therpro Pr'ofceem being ranclusive evide of.the
interesty't thereon f e,due to the 13
the respeet8.dates of such payments a er with
1. tthe rate provided mtthe No wand aLL such amoun6 sbz11 be added to
and become apart of the Indebtedness.
7. Grantors will at suffer or permit any lien superior or equal to the If=crrated hereby to attach to or,be enforced against
the Prear ses.
g. All costs,charges and expenses,'.including attorneys fees incurred by the Benefitiary,arising onk of.,connected with or ind-
dent to any action,proceeding or heating,legal or quasi-legal,or the preparation therefor,m any way affecting this Deed of Trust,
Nate,the Premises or any other instrument 1 securing payment of the Note.shall be promptly paid by Grantors;and if
funds for the
same are advanced by Beneficiary,all such sums so advanced shall be added to the Indebtedness and shall bear interest from the date
of each such advance at the same rate stipulated in the Note for the Payment of the Principal sum of the Note,and shall be doe and
payable on demand.
9. Grantors shall reate,at the option of Beneficiary,a ir- or reserve for'th'e Payment oT all ms°=a°ea Diamrums':Eaxes'aad
assessments ae^ginst the Premises by Paying to the Beneficiary mntemyoraneou-]Y wits the ivsiallments of PrinmPal and interest 0.
the Note a si®equal!a Nee Premiums that will next becomes dceuhe and P UY BeneSeb�b�� P aLth coterie dived a bye e
ices.plus taxes and assessments next due on the Premises,
number of months to elapse before ore monSh prior to the date when su o)£xemivmseu h pmmdi ��d basesecossmonisY Any
such suvu m be held by the Ben°Seiary without iateres be creditedul ye flee Benefi atY on subsequent Payments to be=do by and
excels reserve shall,at the disretion of the Beneficiary, oa or be[oce he date when such prevtivms.
Grantors.and any deSciancy shall be paid by Grmtonc to the Beneficiary
a-sessments shall be due.Transfer of legal title to he Premises shall automatically transfer to the new owner the beneficial interest
in all sums depo ed under the pro -ions of th s pamgmph
30(a). I£the Indebtedness is fully paid in accordance wits the terms and provisions of this-ivstximi oni otdtheeIade if the
hledndesse axe
kept and➢ rmed,then h s vryan a shaLL 6acvmdnull an3rvn a ana hallinshe reienats at SL�ezPense o£Grantors; thN otherwise,%
the same shall remain in full force sad effect;and iI default fs made fn tghre payment of any part of the Indebtedness or i the Note,
or i.the or in any faithful
her observance
and Pe f orpaymence of the Note,oc if iiitnsizaid be asearrtained-that here is a defectin h�title of Grenton
to the Premises.or if a homestead claim is asserted to any Part of the Pmmises advance to this trust.or if the than owner of the
Premises becomes insolvent Or.bankrupt or a receiver be appointed for the Premises,or a petition for morgav on be filed by or
against the then owner of the Premises,then,m any such event,it shall be considered that a default bar occamea under this Deed
OFTrust,and the whole Indebtedness-ball became due mad payable at the option of the Beneficary without demand or notice,and
it shall thereupon be the duty of the above named Trvstee,or hie suaessom or substitutes,as hereinafter provided,to enforce this
trust at the request of the Beneficiary(which re0.uest shall be presumed) and to sell the Premises to the highest biddnth er for cashten
thehours of 10 A.M.and 4 P�M.e,aicoter siviag notice of the time.P �and terms of sale and the Pxemisesoobenso d by PobeLWr
causing to be posted written or printed notices thereof for at least 21 consecutive days prior to the date of said sale in thwon ree c
Places in said Co said notices,vand ilia Premises Toay hoLYold in who a ox in Part and m such parcels andT order as the acfi became Trustee
by knar�Y`�
!r punrhasecxat any such sale EE it�is the 6EgLest hidde�AnY sale nndercothevPawrslgranted herein-ball bea�Pe P t°a]bar a°d1Ort
Grantors,tress heirs,successom,assigva and legal repmsankatrves. nsiderea
1'. B default is made in the paymant of any installment of the Note,ox the h,Ben Sciery shall havecthe optionto pcoceedwith
default under this Deed of Trust,as shpubrted i¢the last preceding Paragrap _
endera fareelosmal co.-rdueting th sale es hereza Prone a ana with u acgr]exing the hale Indebtednsss dauet and t rovid�that h
said sale is made bemuse of such default,such sale may be made subicet to the urmratured part of the Note and Indebtednesf-Such
said,if so made,shall not fn any mannr aSect the umnataced part of the Indebtedness,but as to such Oman tuxad part his Deed of
Trost shall remoter in full force and eE'eet fast as though no sale bad been made under the provision of this paragmPh.Several saa to
may be made hreundex without exhausting the right of sale for am nnmatmod'Part Or
Ind.btbo ew w1iedacas,it-beivg the a war of
provide for a forerloavxa and Bale of the security f of the mrdebte�dness,whether matured at the timetor so quevently maturing.
fc.as car
oreclosure and to sell the}allmety,¢t or mstalimenpts or Part of any yisfalhn°ata of th'o Notes�hd also Lo raquve thegL the Trustee or
An assignee holding nay
far oD the BeveScfaxY to Proceed with f e�osm��but�'if anan�a =ign�c�of one.or more iastallmenty less Lhea the full Principal
successors in at to sell the property
of the Note[recloses ox causes a sale tp be made to satisfy any installment or art oY an dtoinstallment or installments,than su
foreclasure.or sale shall be condo sublet �o 1 Savo non Power to aPP>at subsHtutodstrustees,but Donyxequest tLeBeneficiary
time alp assfghment Such Partial
shall appoint a substitute txnstee in Proper usse under the terms of this Dead of TTast.
(b). The proceeds from any sacs sale shall be applied by the acting Trustee;PIISST:To the Payment of all expanses of ad the
vert
t.ti 'sine^,,sell and wnveYing the Premises.biclent of all run ivaidrIndebtedness andTa staved inter fi"est to the er coot(date off sale;.TIlJRD:a amount fTh.
ti ' In le tedness'SECOND:To the paym
balance,if any,shall�e paid to Grantors.Any abs'sacL of title th the Premises furnished in connection with the loan evidenced bete
by
shall be delivered ll and become the property_of the purchaser
at any sale made pursuant to the maturity of the entice Indebtedness.
(cl. The Purchaser or Pmrhasenc at any such sale-ball enquire the Nile and riKst of Possession se the Property each-al-Li e-
dell )i th claiming
regar ass of the construchvo possession of such Property 6Y the acting Trustee or t e Physical of he Premises or as sale in inverse
wise,on foreclosure of this Deed of Trust.or whether rbby powderztOM f not be gincat cod to amarshthalltngse,Grantors,ox any Perso>s
--
any put o£he Premises 6y.through
order of aliematioa. ,
to zed in any conveyance
purchasers at any such sale-ball
be
rex s necessary to thee validity of any each sale shall
(d). The recitals and statements o4 Tact conain he Purchaser,or
pprima fade evidence th
e e truth of such facto,and'all p e4uisites and requirement
be Pmaumed to have been Performed.
L EF0 OF 1 RI NT
ll Id tho event of a fom os,ue u6ex the powers granted by this Deed of Trust,liranttu.-.—�1a11 other Pe[sam in possession
oE'any part of the Prendses claiming by,tbmngh ox vvder Grantors,shall be deemed tenants at will of the purchaser at such fare-
Mader sale and shall be]fable for a xeasona6le rental fox the use of the Premises:sad if auy such tenants refuse to moffomi6lble
session of the Premises upon demand,the purchaser shag be entitled to institute and maintain the statutory action of
miry and detainer and ptamre a writ of possession the4evndAr,and all damages sustained by mason thermf aze hereby expressly
ova ved
12 In rose of the death,inrapa¢ty,refusal or inability of the he:eiapamed Tpvstee to acL,.ox at the option of the Beneficiary
at any time and wihou4 cause o;-natiq¢,a successor brsul6�hGGrf��TZustea7n�lfbe mimed,mnshtuted and uPPomted.Successor or
substitute trvstees may bo nam nstituted,aa3 a ointhfl without pmmuing the,resignation of the former Tmstce and without
other formality than the.exemlion and acknowledgment by the.Bmefiaary of a wnttea instxumm—E'(which,instriffiank if the y as-
the
fiasry is a corporation shall be exemted by the Preident ox avy Vice President and mthout the necessrty of any action
Board o[Duecters authorizing such appviatment)appointing and designating avrh successor or substitute Trustee,wh¢revpon the
such
aumessor ox substitute Trustee shall become vested wrath and succeed to all of the xrghfs,titles,prirs7eges,Powers and dupes of the
Trusts¢named herein.Such right of appoiutmmt of a substitute or successor Tzustee shall.emsL as often end whenever from any of
said causes the migival or sucressox ox substitute Trustee cannot or will not act or has been removed as berein.pxovied.
13. If any part of the Premises aball be damaged ox taken fox public use order or by reason of the power of eminent domain,
Beneficiary shall have the right to receive and milers all damages awarded by inch condemnation Proceedings and aPP19 the samo on i
the Indebtedness m such mamrex as rt sbaLL determine.
m thexf without
IA The Beneficiary may deal•+;itb mY a°bsequmk owner or successors is interest of the Premises or aryy Part eat of the
notice W Granton and wihmt limrtmg or disrhatgmg fire Babil9ty of Grnntom under Ibis Deed of Trvrt and fox the paym
Indebtedness.Sale eE tho Premises.forbearance by the Bmeflciary or exfarsions of the time o[payment of the Indebtedness shall net
operate tn-re]ease,discliarge;modify,rlrange or affect the oxi�val liability o£Grantors iawhole oc m paR.
15. This Deed of TrusE and the Note have Gem exemted and delivered tu the State of Texas avd coo m bo conth uedthe
and
enforced iv aaroxdanm with the hrws of the State of Texas.If any terms or Provisions contained herein are in medics with e laws
o[the State of Texas or would operate to invalidate this Deed of Tznsk such kerns and provisions shall be held for naugh4 but the
remainder of the terms and provisions shall remaiv tu full force sad effect.Ldcewise,tu ao event avd upon no mntivgency shall
Grmtom be required W Pay intexesE oa the Indebtedness iv excess of the rate allowed by the laws of the State of Texas.
I6. If the lien created 6Y this Deed of Tryst shall be invalid or unevfoxceablo as to aqy Part of tho Indebtedness,the unsecured
portion of the Indebtedness shall be completely paid prior to the payment of the•^...nf*+^�avd sec,ned portion of the Indebtedness
and all paymmis made on the Indebtedness,whether voluntary or underfarerlosme,shall b¢considered to have been fimt paid on.and
applied to the full payment of that portion of tho Indebtedness which is no[assured by the lien of this Deed of Trust.
1T. This Deed of Tract shall rover any and all rearrangements and renewals of the Indebtedness and all extensions is the time
of p�Yment thexm4.Likewise,the execution of then Deed of Trost shall noE impair or affect any other security which be given to
secure the payment o[the Indebtedness,and all such additiovl security shall be considered as cumulative.The fakvrg of additionalshthe
security,exemtian of partial releases of tho semrity,or soy erttasion of rams of payment of the Indebtedness shall not d�oish the
force,e[Eeck or Rm of this Deed of TrvsL and shall rank affed ox impair the liability of any maker,surety,oc endorser for the payment
of the Indebtedness.
16. It is undevstood sad agreed that the proceeds of the Note,m the extent the same axe utilized to talm up any outstandingthethe
leers and charges against the Premises.or any portion thermf,have been advanced by the BmeSaary at the request and open
representation of Grantors that mrh amounts ed due and payable.The Beneficiary shall be subrogated ko my and allg�eesss of
penor titles,liens and equities owned or claimed by ant¢�°i'or holder of said outstanding liens,however remote,ze
whether said liens are acquired by assb'nmmt or me released by the holder than open pa
19. The mvenaut,anedd agreements heroin contained shall inure to the benefit of and be binding upon the respmtive beers4 sun
cessor,the ana th1-9-1e sia lar,and the vsa of any Grantors,
Trustee
abe and be applicab�o all graders.used,the singular number shall mdude the
pluual
The indebtedness secured hereby is in renewal and extension, but not in extinguishment
of the following:
The balance of principal and interest owing on one certain promissory note1e
original principal sum of $70,000.00, executed by Grantors on May 27, 1971, pa yable
to the order of Sack Edwards Construction Go., Inc., as therein set out, the payment
thereof being secured by a Mechanic's and Msterialman's Lien Contract of even date
with said note executed-by and between Grantors as owners and Sack Edwards Construction
Co., Inc, as contractor, filed in the office of the County Clerk of Galveston County,
Texas, under his file number 21151.
It is understood and agreed that the above described lien shall continue and remain
in full force and effect until the full and final payment of the note for $56,000.00,
secured hereby; and Grantors hereby covenant that the above described indebtedness and
the liens securing the payment of the same are valid and subsisting; and First Mortgage
Company of Texas, Inc. is hereby subrogated to all rights, liens, titles and equities
of every character of the original and all subsequent holders of the note for $70,000.00,
above described, and the liens securing the payment thereof.
PAID IN FOLK 3/3/92 ••
RESOLUTION TRUST CORPORATION AS RECEIVER FOR
FLORIDA FEDERAL SAVINGS BANK
BY WITNESS /yO� _�/
a%9i5 FJkRLF(ESTAf1 q,^�," I[�iC iL. ('.:� Te1i
P. 0. Box 20587 MUTYC[REGTOR Lr F r
Tampa, Fla. 33622 � � P.D. n�Gyh7
h'AfUPA,FL 33r,?2-0+E-
OCT 10iy!,
i--, EXECITPED tbis 21St. daY of FebruarY •19 72 - / i /C
U--FrJ r)F 7 IUST <Gefc dpQGG.` , /
Meisels)1 /( r
ifOU}:(d 48 f`7 A6 (Sylvi ls)
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY
BDrOR�T ME the;WdersfgdE�.puthority,an this day personally appeared -
FIyARD 'G. NEISELS and wife, SYLVIA R. MEISELS,
Imowa tame fo be the tieis°n(s)'ivhose xiame(s) are subscribed to the foregoing kstr ment,and adoe wledged to me that
they:eiecvted tho Same'Fpr+Ibe puiPoses end coa9dexation therein crinesspd-
19 72
,EGIVPN:unde;fhb z,srid•an$sea1 of office,this the
1` Notary Public and for
Henis`Co. Tens ;
ACKNOWLEDGMENT -
.n
. 'I'FIE.STATE OF TEXAS_
.COUNTY. OF HARRIS
13EFORE ME,the undersigned authority.on this day personally appeared
known.to me.to be the persons) where muce(s) subscribed to the foregoing instrument,and acknowledged to me that
exeeuted the same for the purposes and consideration therein""Messed.
GIVEN under my band end seal of office,this the day of .19 -
_ Notary Public is end for
Harris County,T.
CORPORATE ACKNOWLEDGMENT
THE STATE OF'TEXAS ss
COUNTY OF HARRIS9(E ui
SEFOR.E ME,the undersigned au ority,pn_t1a'Nay Personally appeared
In ihe be yyu fifYFh t>JUNry ident of
yaknngm9edu
CSSR(y,T 8115 tp'CUO,q� �_� n,]mown to me d be the person and
officer whose name is subsrn-bed to the foregoing insa>�y+Ro° L@{ executed said instrument for the por-
t deed of said corporation.
poses and consideration therein expresstt the capaFftX y�
GIVEN under my hand end se
9� Notary Public in and for
Harris County,Tens
1 ®�
N
Return to%
Q p First Mortgage COrparly, Inc,
P.O. Box 1413
Sr' Houston, Texas 77001
9 fin®
t