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HomeMy WebLinkAboutContract 33527 CITY SECRETARY CONTRACT NO. LEASE TERMINATION THE STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Fort Worth ("City"), acting by and through its duly authorized Assistant City Manager and Robert Cater made and entered into a 50 year Lease Agreement ("Lease") on February 1, 1982 for property described as Lot 15-A, Block 28, Lake Worth Lease Survey, aka 8120 Heron Drive; and WHEREAS, the Lease had been assigned to R. David Peterson; and WHEREAS, R. David Peterson obtained a mortgage on his leasehold interest through Fifth Third Mortgage Company, a copy of the Deed of Trust dated January 25, 1999 and recorded as Instrument Number D199035398 in the Tarrant County Deed Records, is attached as Exhibit"A"; and WHEREAS, Fifth Third Mortgage Company foreclosed on R. David Peterson's leasehold interest and held a foreclosure sale on June 3, 2003 and Fifth Third Mortgage purchased the property at the foreclosure sale, such sale is recorded in the Substitute Trustee's Deed recorded as Instrument Number D20325880 in the Tarrant County Deed Records and is attached as Exhibit`B"; and WHEREAS, Fifth Third Mortgage Company sold its interest in the property to Fidelity National Title Insurance Company ("Fidelity National"), such deed is recorded as Instrument D205286038 in the Tarrant County Deed Records and is attached as Exhibit"C"; and WHEREAS, Fidelity National has notified the City that it desires to terminate the Lease. NOW THEREFORE, City and Fidelity National, acting herein by and through their duly authorized representatives hereby acknowledged and agree that the Lease shall automatically terminate and upon termination neither party shall have any further rights or obligations under the lease. EXECUTED as of the 1$ day of �ti , 2004_. CITY OF FORT RTH Fidelity National Title Insurance Company Marc A. Ott, Assistant City Manager Name: t4c T�Isvo Title: Ve ( aS,;Ot. L90us rL, Lease Ternunation 1 05-22-06 A10 :21 IN ATTEST: LNIO M&C REQUIRED Marty Hendrix, C y Secretary APP ED O FORM AND LEGALITY: ssist t City Attorney After Recording Please Return to: City of Fort Worth Real Property Division 1000 Throckmorton Fort Worth,Texas 76102 Lease Termination 2 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 52006. 7-� Pj Notary Public, tate of Texas '� r'� fviY.,� �s*" STATE OF TEXAS § COUNTY OF TARRANT § Lim. f BEFORE ME, the undersigned authority, personally appeared WN. Fi�w.W4 , of Fidelity National Title Insurance Company on this day, known to me to be the person whose name is subscribed to the foregoing Lease Termination, and who acknowledged to me that the document was read in its entirety and understood and was executed on behalf of Fidelity National Insurance Company for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /Zday of 2006. of ublic, to of exas :iA YP Ali JONI J.WEBS COMMISSION EXPIRES ,�4r���xr Feb1UEry 2,2009 Lease Termination 3 Y RETURN ORIGINAL GE, _ �J J� /� 7���fy/� OLD DENT MORTGAGE COMPANY . PO BOX 204 EXHIBIT A GRAND RAPIDS,MICHIGAN 49501-0204 ,y SECONDARY MARKETING OPERATIONS FINAL DOCUMENTATION FHA Case No. 492-5454513-203B (Space Above This Line For Recording Data) #1177190 DEED OF TRUST THIS DEED OF TRUST("Security Instrument")is made on JANUARY 25,1999 The grantor is R.DAVID PETERSON,A SINGLE PERSON ("Borrower").The trustee is GEORGE M.SIIANKS,JR. whose address is 11 GREENWAY PLAZA,10TH FLOOR,HOUSTON,TEXAS 77046 ("Trustee").The beneficiary is MBI MORTGAGE 1960,INC. which is organized and existing Lander the laws of THE STATE OF TEXAS ,and whose address is 419 CENTURY PLAZA DRIVE,#250,HOUSTON,TEXAS 77073 ("Lender").Borrower owes Lender the principal sum of- FIFTY'THREE THOUSAND NINE HUNDRED'TWENTY SIX AND NO /100 Dollars(U.S.$ 53,926.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier,due and payable on FEBRUARY 01,2029 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions - and modifications of the Note; (b) the payment of all other sums, with interest, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's -• covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in TARRANT County, Texas: SEE EXHIBIT"A"A'T'TACHED fIERE'TO AND MADE A PART HEREOF FOR ALL PURPOSES S nADN TX2 Rev.06-12-97 Page 1 of 7 FHA Texas Deed of Trust-6196 which has the address of 9020 HERON DRIVE FORT WORTH (Street) (City) Texas 76108 ("Property Address"); (Zo Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS shat Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I.Payment of Principal,Interest and Late Charge. Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payments of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under Paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to t)a Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance prenuum if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C.3 2601-d se and implementing regulations,24 CFR Part 3500, as they may be amended from time to lime ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items(a),(b),and(c). 3.Application of Payments. All payments under Paragraphs 1 and 2 shall be applied by Lender as follows: Eirst, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; end to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums,as required; 31irLl,to interest due under the Note; Fourth,to amortization of the principal of the Note;and Ei.ftb,to late charges due under the Note. STL&D# TX2-2 Rev.06-12-97 Page 2 of 7 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of,and in a form acceptable to,Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments,which are referred to in Paragraph 2,or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property,upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations),then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes,hazard insurance and other items mentioned in Paragraph 2. STL&DN TX2-3 Rev.O6.12-97 Page 3of7 . t Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument.These amounts shall bear interest from the date of disbursement at the Note rate,and at the option of Lender,shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating tie lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,bender may give Borrower a notice identifying the lier-. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8.Fees, Lender may collect fees and charges authorized by the Secretary. 9.Grounds for Acceleration of Debt. (a)Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults,require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment,or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b)Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341 (d) of the Garr - St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i)All or part of the Property,or a beneficial interest in a trust owning all or part of the property, is sold or otherwise transferred(other than by devise or descent),and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c)No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waiv5 its rights with respect to subsequent events. (d)Regulation-,of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e)Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within (9o)NmETY DAvs from the date hereof,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to (90)NINETY DAYS from the date hereof,declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary, 10.Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security lnstrument.This right applies even after foreclosure proceedings are instituted. To reinstate the Security Insuurrlent, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11.Borrower Not Released;Forbearance By lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by [his Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify.amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower'or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. iS'fL&Dtt TX2.4 Rcv.06.12-97 Page 4 of 7 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of:his Security Instrument or the Note without that Borrower's consent. 13, Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires ase of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in :his Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph. 14.Governing Law;Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any prevision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severatle. 15.Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances, Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or ether remediation of any Hazardous Substances affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products, toxic pesticides and herbicides; volatile solvents, materials eontairiing' asbestos or formaldehyde, and radioactive materials. As used in this Paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 17.Assignment of Rents. Borrower unconditionally assigns and transfers to:.ender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However,prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes and absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only,to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointee receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. STL&DN TX2-5 Rev.06.12-97 Page 5 of 7 18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Paragraph 18, including,but not limited to,reasonable attorney's fees and costs of title evidence. If Lender invokes the power of sale,Lender or Trustee shall give notice of the time,place and terms of sale by posting and recording the notice at least 21 days prior to sale as provided by applicable law. Lender shall mail a copy of the notice of sale to Borrower in the manner prescribed by applicable law. Sale shall be made at public vendue between the hours of 10 a.m.and 4 p.m.on the first Tuesday in the month. Borrower authorizes Trustee to sell the Property to the highest bidder for cash in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying indefeasible title to the Property with covenants of general warranty.Borrower covenants and agrees to defend generally the purchaser's title to the Property against all claims and demands. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees; (b) to all sums secured by this Security Instrument; and (c)any excess to the person or persons legally entitled to It. If the Property is sold pursuant to this Paragraph 18,Borrower or any person holding possession of the Property through Borrower shall immediately surrender possession of the Property to the purchaser at that sale. If possession is not surrendered, Borrower or such person shall be a tenant at sufferance and may be removed by writ of possession. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9,the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994("Act")(12 U.S.C.3751 gt sem.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act.Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19.Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 20.Substitute Trustee. Lender, at its option and with or without cause,may from time to time remove Trustee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21.Subrogation. Any of the proceeds of the Note used to take up outstanding Iiens against all or any part of the Property have been advanced by lender at Borrower's request and upon Borrower's representation that such amounts are due and are secured by valid liens against the Property. Lender shall be subrogated to any and all rights, superior tides, liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless 'of whether said liens or debts are acquired by lender by assignment or are released by the holder thereof upon payment. 22.Partial Invalidity. In the event any portion of the sums intended to be secured by this Security Instrument cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those portions not secured hereby. 23.Purchase Money;Vendor's Lien;Renewal and Extension. [Check applicable box]: 0 The Note secured hereby isprimarilysecured by the Vendor's Lien retained in the Deed of even date herewith conveying the Property to Borrower, which Vendor's Lien has been assigned to Lender, this Deed of Trust being additional security therefor. ®The Note secured hereby is in renewal and extension, but not in extinguishment, of chat certain indebtedness described on the Renewal and Extension Rider attached hereto. 24.Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)] Condominium Rider C]Growing Equity Rider 0 Planned Unit Development Rider 0 Graduated Payment Rider []Other[specify] STL&DN 7'X2-6 Rev.06-12-97 Page 6 of 7 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this iD' and in any rider(s)executed by Borrower and recorded with it. Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Burrower [Space Below This Line For Acknowledgement] STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on JANUARY !Z et ,1999 by R.DAVID PETERSON,A SINGLE PERSON My commission expires: 10"36-0'OC Notary Public ��sipvo � bAc�aob�'� Notary's Name GUSTAVO A VALC OLID NOTARY PUC STATE OF TS Ity Comm.Eap, 10-30.200 STL&DM TX2.7 Rev.12-04-97 Page 7 of 7 ti GF No. 180878-T-14 EXHIBIT "A" 3eing Lot 15-A, in Block 28 of LAKE WORTH LEASE SURVEY, an Addition to the City of Fort Worth, Tarrant -ounty, Texas according to the Plat thereof on file in the Park Department of the City of Fort Worth, and oeing the same property as described in Lease between the City of Fort Worth, as Lessor, and Robert R. -anter as Lessee recorded in Volume 9041 , Page 1296 of the Deed Records of Tarrant County, Texas, :ogether with all subsequent Amendments and Assignments thereof. RENEWAL AND EXTENSION RIDER The Note hereby secured is given in renewal and extension of the sum(s) left owing and unpaid on that prior indebtedness which has been paid by the loan proceeds from and thereby merged into the Note hereby secured, such prior indebtedness being described as follows,to-wit: Promissory Note Date: MARCH 19 1996 Amount: 50 460.00 Payee: WEYERHAUSER MORTGAGE COMPANY Deed of Trust Date: MARCH 19 1996 Grantor: R.DAVED PETERSON A SINGLE PERSON Trustee: ,10 E.SHAW Recording Information: IN VOLUME 1234PAGE 648 in the Real Property Records of TARRANT County,Texas. Vendors Lien Retained in Deed(If Applicable) Date: MARCH 19 1996 Recording Information: IN VOLUME 12304,PAGE 646 in the Real Property Records of TARRANT County,Texas. Assignment Information(If Applicable) Date: SEPTEMBER 4 1996 Assignee: COUNTRYWIDE HOME,LOANS INC. Assignment Recording Information: IN VOLUME 12497,PAGE 913 in the Real Property Records of TARRANT County,Texas. Modification Information(If Applicable) And all modifications and/or extensions thereof. Said lien(s)being against the herein described property and which said note(s)and lien(s)have this day been transferred and assigned to MBI MORTGAGE 1960,INC. and it is expressly agreed by Borrower(s)that said note(s)and Ben(s)are hereby renewed,extended and carried forward in full force and effect to secure payment of the Note hereby secured and if not the original owner and holder or if not previously subrogated the holder of the Note hereby secured is hereby subrogated to all the rights,powers and equities of the original owner(s)and holder(s)of the above described indebtedness. �hAtr/E—RgSON (01-23-96)S-100630.11 D199035398 OLD KENT MORTGAGE CO P 0 BOX 204 GRAND RAPIDS MI 49501 0204 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R O Y I N D E X E D -- T A R R A N T C 0 U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: FIDELITY NATIONAL TITLE AGCY RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 199145142 DR91 T025417 02/10/99 15 :37 INSTRUMENT FEECD INDEXED TIME 1 D199035398 DT 990210 15 :37 CK 15218 T O T A L DOCUMENTS: 01 F E E S: 25 . 00 B Y: x- ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. E i e EXHIBIT B i C&S No. 44-03-1339 FHA SUBSTITUTE TRUSTEE'S DEED o � THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT ' WHEREAS R. David Peterson in order to secure the payment of one note for the sum set forth in said Note, payable to the order of MBI Mortgage 1960, INC., made, executed and delivered to George M Shanks, Jr., Trustee, a certain Deed of Trust dated January 25, 1999, recorded in Vol. , Page or Clerk's File No. D199035398 in the Deed of Trust Records of Tarrant County, Texas to which Deed of Trust and its record reference is here made for a detailed description of said Note, the terms and covenants of said Deed of Trust, and the lands and premises there conveyed; said land being more particularly described as follows: LOT 15-A, IN BLOCK 28 OF LAKE WORTHLEASE SURVEY, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF ON FILE IN PARK DEPARTMENT OF THE CITY OF FORT WORTH BEING THE SAME PROPERTY DESCRIBED IN LEASE BETWEEN THE CITY OF FORT WORTH, AS LESSOR, AND ROBERT R. CARTER AS LESSEE RECORDED IN VOLUME 9041, PAGE1296 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS. TOGETHER WITH ALL SUBSEQUENT AMENDMENTS AND ASSIGNMENTS THEREOF. WHEREAS, said Note together with the liens securing same was transferred and assigned in due course for value before maturity to Fifth Third Mortgage Company and, WHEREAS, it is provided in said Deed of Trust that failure to make any of the payments in the above described Note as the same became due and payable, or failure to comply with any or all of the covenants and conditions of said Deed of Trust,shall,at the option of- Fifth fFifth Third Mortgage Company c/o Fifth Third Bank Madisonville Operation Center 1 MOC20 Cincinnati,OH 45263 hereinafter called Grantee, or the legal or equitable holder thereof, mature the whole of said Note and in such event or events and at the request of the owner or holder of said Note secured by said Deed of Trust,the said Trustee or his successors shall enforce said Trust by selling the hereinbefore described land and premises according to law, and in accordance with the provision of said Deed of Trust, all as more fully set out in said Deed of Trust;and, c ' WHEREAS, Default was made in the payment of said Note according to the terms, tenor and effect thereof, and the legal or equitable owner or holder of said Note, after all required notices were given, declared the whole Note immediately due and payable and the Trustee named in said Deed of Trust having been removed, the owner and holder of said indebtedness appointed the ' undersigned as Substitute Trustee, and requested the undersigned to sell said land and premises according to law and in accordance with the provisions of said Deed of Trust, in satisfaction of the indebtedness secured by said Deed of Trust;and, WHEREAS, the holder of the debt by certified mail has given written notices to the debtors at their last known address that the debtor was in default under the terms of the Deed of Trust,giving the debtor notice to cure the default. The default notice was given prior to the entire debt being accelerated and the notice of trustee sale j given, and, WHEREAS,the said Iand above described was advertised for sale, and written notices of sale were posted in accordance with the terms of said Deed of Trust and in accordance with the laws of the State of Texas pertaining to the foreclosure under the Deed of Trust, said land having been advertised for sale at least 21 days preceding the date of sale at the Courthouse Door of the County above set forth, and if provided by said Deed of Trust in two other public places in said land having been advertised to be sold at the door of the Courthouse of Tarrant County, Texas, on 6/3/03, the said date being the first Tuesday in said month; and, WHEREAS, the holder of the debt requested the Substitute Trustee and by this instrument the Substitute Trustee swears, deposes and states under oath that there was served written notice of the proposed sale by certified mail at least twenty-one (21) days preceding the date of sale on each debtor obligated to pay such debt according to the records of such holder by deposit of the Notice, enclosed in a postpaid wrapper,properly addressed to each debtor at the most recent address shown by the records of the holder of the debt, in a post office or official depository under the care and custody of the United States Postal Service, and a copy of such Notice of Sale was filed with the County Clerk of such County at least twenty-one(21)days preceding the date of this sale. WHEREAS, I, the said Substitute Trustee, after all prerequisites required by law and/or by said Deed of Trust have been duly satisfied by the holder of thee Note, and by said Substitute Trustee, did conduct the sale, said sale was conducted not earlier than 10:00:00 A14 O'clock as set forth in the Notice of Sale and was concluded within three (3) hours of such starting.time on the date for which said sale was advertised, offering the said land and premises for sale and conducting said sale in the area of the Courthouse designated by the Commissioners Court, pursuant to Section 51.002 of the Texas Property Code as the place where foreclosure sales are to take place and if no place was designated by the Commissioners Court the sale was conducted at the place where the Notice of Trustee's Sale was posted in the County Courthouse; and, WHEREAS, at the said sale the said Grantee bid for said land and premises the sum of$63,329.05 ! cash, which was the highest bid and best offer therefore, whereupon said land and premises were I r• I , I knocked off and sold for said sum to the said Grantee in accordance with the terms and provisions of said Deed of Trust; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That I, the said Substitute Trustee, named and appointed under the terms of said Deed of Trust, acting herein under and by virtue of the power conferred upon me by the said Deed of Trust, and in accordance with the laws of the State of Texas, for in consideration of the sum bid as aforesaid, which amount has been applied in accordance with the terms of said Deed of Trust on the indebtedness secured by it, do , hereby bargain, sell and convey unto the said Grantee the said herein before described land and premises, together with all and singular the rights and appurtenances to the same in anywise belonging. ' TO HAVE AND TO HOLD the said property unto the said Grantee, its successors and assigns, forever, in fee simple, and I, the said Substitute Trustee, acting in the capacity and manner ; aforesaid, by virtue of the power vested in me under the terms of said Deed of Trust, do hereby bind and obligate the said mortgagor(s), his (their) heirs, assigns, executors, and administrators to warrant and forever defend all and singular the right and title to said property unto the said Grantee its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this instrument on 6/3/03. K6� (1'et A Kevin Key SUBSTITUTE TRU TEE I SWORN TO AND SUBSCRIBED to be Kevin Key, Substitute Trustee, before me, the ' undersigned authority on 6/3/03. f �ataY JENNIFER ZUCKMAN t Public i for��ate of Texas 4 NOTARY PUBLIC ' STATE OF TEXAS I M Comm. M ommission xpires: i �.,,;;,,,,�• Y Exp,,09-24-2000 THE STATE OF TEXAS 1 COUNTY OF TARRANT THIS INSTRUMENT was acknowledged before me on 6/3/03 by,Kevin Key, Substitute Trustee. �`n`n464C JENNIFER ZUCKMAN NOTARY PUB,IC o public an fort�tate of Texas ATE OF T_XAS My Comm.Exp.09-24-200E commission expires: ' I RETURN TO: Codilis&Stawiarski 650 N.Sam Houston Parkway East Suite 450 Houston,TX 77060 (281)925-5200 C&S 44-03-1339 PETERSON,R.DAVID Loan No.202686002 FHA Fifth Third Bank i D203205880 CODILIS AND STAWIARSKI 650 N SAM HOUSTON PKWY E STE 450 HOUSTON TX 77060 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O, Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T ' T O: LAND RECORDS OF TEXAS RECEIPT NO REGISTER RECD-BY PRINTID DATE TIME 203368968 DR92 DW 06/10/2003 12 :25 INSTRUMENT FEECD INDEXED TIME RECJD 1 D203205880 WD 20030610 12:25 CK 29619 T O T A L DOCUMENTS:• 01 F E E S: 15. 00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. I \� Warranty Deed e01, EXHIBIT C i ' a Date: 01 Grantor: Fifth Third Mortgage Company c/o Fifth Third Bank e Grantor's Mailing Address: Madisonville Operation 1Moc20 a Cincinnati,Oh 45263 i 6 o, Grantee: Fidelity National Title Insurance Company e a e Grantee's Mailing Address: 1945 W. Walnut Hill Lane Irving,TX 75038 f� E 6 P Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by Grantee to Grantor, the receipt of which is . hereby acknowledged,being ALL CASH. z Property (including any improvements): Y. SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF FOR ALL �1 >S t PURPOSES. G y Grantor, for the consideration and subject to the reservations from the exceptions to conveyance f and warranty, grants, sells, and conveys to Grantee the property, together with all and singular t the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, eGrantee's heirs, executors, administrators, successors, or assigned forever. Grantor hereby binds R Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever a N defend all and singular the property to Grantee and Grantee and Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Except as to the reservations from and exceptions to warranty. 1 � I When the contact requires singular nouns and pronouns inch the plural. ' 1 g 1 t^ 0. 5 9 t' i i Fo Fifth Third Mortgage Company y THIS DOCUMENT IS UNCLEAR IN THE DOUGLAS SATTIN RETUR ADDRESS, THE RETURN FIFTH THIRD MORTGAGE CO. AS OBTAINED FROM: ( ;CHECK) (FILE SLIP) (COVER LETTER) (SUBMITTER) ;OTHER) ;; r , STATE OF TEXXS OV% v ) 1 d-rry ) COUNTY OF T T ) B fore me {Nps of Notary}Airxw , on this day personally appeared--i:�-?�L, known to' me e(or proved to me on the oath of s )or.through [description of identity or other document]to be the persons whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. d` Given under my hand and seal of office this i 5 day o1413" 2005. By O p ..PU, ANGELA E{SER Notary Pubile,State WOW My Commission Expires t My commission expir = Deoember 19,2W70,kj"-� olIL l 1-�u�"� �F Q' Notary Public,SiLite of Tis- ah k) Notary's printed name: AFTER RECORDING RETURN TO: t ! 2 � f I f e i r i s � E a i i Exhibit "A" 01 Being Lot 15-A,in Block 28 of Lake Worth Lease Survey,an addition to the City of Forth Worth,Tarranty County,Texas according to the Plat thereof on file in the Park Department of the City of Forth Worth, and being the same property as described in Lease between the City of i. 6 � Fort Worth,as Lessor,and Robert R. Carter as Lessee recorded in Volume 9041,Page 1296 of y r y the Deed of Records of Tarrant County,Texas,together with all subsequent Amendments and i r, s Assignments thereof. r s f r Ir, ! Y y � r e 6 s a 3 � s 'i i 0 i 0 r FIDELITY NATIONAL TITLE 10301 DEERWOOD PARK BLVD#102 JACKSONVILLE FL 32256 Submitter: FIDELITY NATIONAL TITLE SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT.COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 I DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 08!2612005 02:45 PM Instrument#: 0205288038 WD 4 PGS $24.00 111111!IN 111111111111111IN11111111111111111111INIIII D205286038 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.