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CONTRACT NO 5
THE CITY OF FORT WORTH
HOME PROGRAM
SUBORDINATE PROMISORY NOTE
(RECAPTURE PROVISIONS)
THIS SUBORDINATE DEED OF TRUST NOTE ("Security Instrument") is made on
February 13, 1 The grantor is Phelicia ZAcliM ("Borrower"). The trustee is Edwin S.
Cook ("Trustee The beneficiary is the City of Fort Worth, Tarrant County, an
incorporated municipal corporation organized and existing under the laws of the State of Texas ,
and whose address is 1000 Throdmorton ("Lender"). Borrower owes Lender the principal sum
of$8 —
,.400.00 Dollars (U.S. $Eight Thousand Four Hundred and xx/100 . This note is "Interest
Free" and is a "Forgivable" debt administered in accordance with HOME regulations in the form
of subsidy programs through the City of Forth Worth's Housing Department.
This Subordinate Deed of Trust Note provides for "No Payments" if the Borrower complies with
the terms of the provision for Recapture during the "Affordability Period" stated herein as
follows: (1) The Closing Cost Assistance (CCA) subsidy shall be subject to full recapture for
the first five (5) years if the property is sold or transferred, or ceases to be occupied by the
homeowner as his/her principal place of residence. After five (5) years and one (1) day, the
entire assistance amount shall be forgiven; (2) The Deferred Payment Loan (DPL) shall be
subject to recapture in full for the first five (5) years if the property is sold or transferred, or
ceases to be occupied by the homeowner as his/her principal place of residence, unless the
property is sold or transferred to a lower income buyer who agrees to assume the deferred
payment loan conditions. From years six (6) through fifteen (15), the deferred payment loan
would be reduced to 10% per year or 1/120 per month until the full loan amount is forgiven by
the Maturity Date.
The to hereinafter referred to as (The "Loan") which is evidenced by the Note and secured by
this Security Instrument is being made pursuant to (Tide 11, the Craw ton-Gonzalez National
Affordable Housing Act, Public Law No. 101-625, 104 Stat, 4079 (1990), 24 C.F.R.Part 92)(the
"Home Program"), [the Home Investment Partnerships Program and the regulations issued
thereunder .
In addition to the Loan, the Borrower obtained a deed of trust to (the "First Deed of Trust
Loan") from the Sffl#hw_tA (
Fundy -e "Senior Lien Holder"), which loan is secured by a
th
first deed of trust lien on the Property (the 'First Deed of Trust"). The docun-wnts evidencing or
securing the First Deed of Trust Loan are collectively referred to herein as the First Deed of
Trust Loan Documents.
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the
Note, with interest or shared appreciation as provided in the Note, and all renewals, extensions
and modifications of the Note; (b) the payment of all other sums, with interest as provided in the
Note, advanced under paragraph 8 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, subject to the rights of the Senior Lien Holder under the First Deed of Trust, the
property located in Tarrant County, IgNM , which has the address of
6212 Brentwood Drive, Fort Worth
[Street] [City]
Texas, 76112
[State] [Zip 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 that Borrower is lawfully seised of the estate hereby
conveyed and has the right to grant and convey the Property and, except for the First Deed of
Trust and other encumbrances of record acceptable to the Senior Lien Holder, the Property is
unencumbered. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to such 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:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower
shall promptly pay when due the principal of and interest(or any shared appreciation) on the debt
evidenced by the Note and any late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver
by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note,
until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may
attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold
payments or ground rents on the Property, if any; (c) yearly hazard or property insurance
premiums; (d) yearly fl ood insurance premiums, if any; (e) yearly mortgage insurance premiums,
if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of
paragraph 9, in lieu of the payment of mortgage insurance premiums. These items are called
"Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed
the maximum amount a lender for a federally related mortgage loan may require for Borrower's
escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended
from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to
the Funds sets a lesser amount. If so, Lender inky, at any finte, collect and hold Funds in an
amount not to exceed the lesser aunt® Lender may estimate the amount of Funds due on die
basis of current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordance with applicable law. The Borrower shall not be obligated to make such
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Under, if Lender is such an institution) or in any Federal
Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not
charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable
law permits Lender to make such a charge. However, Lender may require Borrower to pay a
one-time charge for an independent real estate tax reporting service used by Lender in connection
with this loan, unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that
interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual
accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured
by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law,
Lender shall account to Borrower for the excess Funds in accordance with the requirements of
applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the
Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the
deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Under. If, under paragraph 23, Lender shall
acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply
any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured
by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments
received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges
due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth,
to principal due; and last, to any late charges due under the Note.
4. Prior Dee& of Trust; Charges; Liens. The Borrower shall perform all of the
Borrower's obligations under the First Deed of Trust, including Borrower's covenants to make
payments when due. Borrower shall pay all taxes, assessments, charges, fines and impositions
attributable to the Property which may attain priority over this Security Instrument, and leasehold
payments or ground rents, if any. Borrower shall pay these obligations in the manner provided
in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the
person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be
paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly
furnish to Lender receipts evidencing the payments.
Except for the lien of the First Deed of Trust, Borrower shall promptly discharge any
other lien which shall have attained 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 the lien to
this Security Instrument, Except for the lien of the First Deed of Trust, if Lender detenni-nes that
any part of the Property is subject to a lien which inky attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy such
lien or take one or more of the actions set forth above within 10 days of the giving of notice.
5. Subordination. Lender and Borrower acknowledge and agree that this Security
Tmtnin-wnt iq .Qihier-tand saihordinate in all resnectg to the lierts- terms. covenants and conditions
pursuant to the First Deed of Trust including all sums advanced for the purpose of(a) protecting
or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the
First Deed of Trust or for any other purpose expressly permitted by the First Deed of Trust or
(b) constructing, renovating, repairing, furnishing, fmairing or equipping the Property. The
terms and provisions of the First Deed of Trust are paramount and controlling, and they
supersede any other terms and provisions hereof in conflict therewith. In the event of a
foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any
provisions in any other collateral agreement restricting the use of the Property to low or moderate
income households or otherwise restricting the Borrower'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 Borrower or a related entity of the Borrower),
receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First
Deed of Trust shall receive tide to the Property free and clear from such restrictions.
Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu
of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior
Lien Holder's acquisition of title, provided that (i) the Lender has been given written notice of a
default under the First Deed of Trust and (ii) the Lender shall not have cured the default under
the First Deed of Trust, or diligently pursued curing the default as determined by the Senior Lien
Holder, within the 60-day period provided in such notice sent to the Lender.
6. Hazard or Property Insurance. Borrower shall keep the improvements now
existing or hereafter erected on the Property insured against loss by fire, hazards included within
the term "extended coverage" and any other hazards, including floods or flooding, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower
subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect
Lender's rights in the Property in accordance with paragraph 8.
All insurance policies and renewals shall be acceptable to Lender and shall include a
standard mortgagee clause. All requirements hereof pertaining to insurance shall be deemed
satisfied if the Borrower complies with the insurance requirements under the First Deed of Trust.
All original policies of insurance required pursuant to the First Deed of Trust shall be held by
the Senior Lien Holder; provided, however, Lender may be named as a loss payee as its interest
may appear and may be named as an additional insured. If Lender requires, Borrower shall
promptly give to Lender copies of all receipts of paid premiums and renewal notices. In the
event of loss, Borrower shall give prompt notice to the insurance carrier, the Senior Lien Holder
and Lender. Lender may make proof of loss if not made promptly by the Senior Lien Holder or
the Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be
applied to restoration or repair of the Property damaged, if the restoration or repair is
economically feasible and Lender's security is not lessened, If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess
paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a
notice from Lender that the insurance carrier has offered to settle a claim, then Under may
collect die insurance proceeds. Under may use the proceeds to repair or restore the Property or
to pay sums secured by this Security Instrument, whether or not then due. The 30-day period
will begin when the notice is given.
Unless Lender and Boffower otherwise agree in wnting, any application of proceeds to
principal shall not extend or postpone the due date of the monthly payments referred to in
paragraphs I and 2 or change the amount of the payments. If under paragraph 23 the Property is
acquired by Under, Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition.
Notwithstanding the above, the Lender's rights to collect and apply the insurance
proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to
collect and apply such proceeds in accordance with the First Deed of Trust.
7. 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. Borrower shall not destroy, damage or impair the Property, allow the Property to
deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment
could result in forfeiture of the Property or otherwise materially impair the lien created by this
Security Instrument or Lender's security interest. Borrower may cure such a default and
reinstate, as provided in paragraph 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest
in the Property or other material impairment of the lien created by this Security Instrument or
Lender's security interest. 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 (i) Borrower's occupancy of
the Property as a principal residence and (ii) Borrower's income. If this Security Instrument is
on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires
fee title to the Property, the leasehold and the fee tide shall not merge unless Lender agrees to the
merger in writing.
The Borrower acknowledges that this Property is subject to certain use and occupancy
restrictions (which may be further evidenced by a separate agreement recorded in the land
records where the Property is located), limiting the Property's use to "low-income housing"
within the meaning of the Home Program; affordable housing as defined by the Lender in
accordance the U.S. Department of Housing and Urban Development income guidelines. The use
and occupancy restrictions may limit the Borrower's ability to rent the Property. The violation of
any use and occupancy restrictions may, if not prohibited by federal law, entitle the Lender to the
remedies provided in Section 23 hereof.
8. Protection of Lender's Rights in the Property. If Borrower fails to perform the
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,
probate, for condemnation or forfeiture or to enforce laws or regulations), then Under may do
and pay for whatever is necessary to protect the value of the Property and Lender's rights in the
Property. Lender's actions may include paying any sums secured by a lien which has priority
over this Security Instrument (including sums secured by the First Deed of Trust), appearing in
court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although
Lender may take action under this paragraph 8, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 8 shall become additional debt of
Borrower s e c u r e d by this Security Instrument. Unless Borrower a n d Lender a g r e e t o o ther terms
of payment, these amounts shall bear interest from the date of disbursement at the Note rate and
shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
Prior to taking any actions under this Section 8, however, Lender shall notify the Senior
Lien Holder of such default in the manner provided in Section 23 of this Security histruinent, and
shall provide the Senior Lien Holder with the opportunity to cure any such default under this
Security histrutnent. All amounts advanced by the Senior Lien Holder to cure a default
hereunder shall be dined advanced by the Senior Lien Holder and shall be secured by the First
Deed of Trust. In addition, the Under agrees that it will not continence foreclosure proceedings
or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it
hereunder to foreclose or accept a deed in lieu of foreclosure shall be subject to the "due on sate-
provisions of the First Deed of Trust.
Lender and Borrower further agree that a default hereunder shall constitute a default under the
First Deed of Trust. In the event of a default hereunder, the Senior Lien Holder shall have the
right to exercise all rights and remedies under the First Deed of Trust.
9. Mortgage Insurance. If Lender required mortgage insurance as a condition of
making the loan secured by this Security Instrument, Borrower shall pay the premiums required
to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage
required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,
from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage
insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the
insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these
payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer
be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the
period that Lender requires)provided by an insurer approved by Lender again becomes available
and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in
effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lender or applicable law.
10.Inspection. Lender or its agent may make reasonable entries upon and inspections of
the Property. Under shall give Borrower notice at the time of or prior to an inspection
specifying reasonable cause for the inspection.
11.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 lieu of condemnation, are hereby assigned and shall be paid to Lender,
subject to the terms of the First Deed of Trust.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with any excess paid to Borrower. In the
event of a partial taking of the Property in which the fair market value of the Property
immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument munediately before the taking, unless Borrower and Lender otherwise agree
in writing, the sums secured by this Security Instrument shall be reduced by the amount of the
proceeds multiplied by the following fraction: (a) the total amount of the sums secured
immediately before the taking, divided by (b) the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the
Property in which the fair market value of the Property immediately before the taking is less than
the amount of the sums secured immediately before the taking, unless Borrower and Lender
otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be
applied to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that
the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond
to Under within 30 days after the date the notice is given, Under is authorized to collect and
apply the proceeds, at its option, either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due,
Unless Lender and Borrower odierwL-W agree in writing, any application of proceeds to
principal shall not extend or postpone the due date of the monthly payrments referred to to
paragraphs 1 and 2 or change the amount of such payments.
12.Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the
time for payment or modification of amortization of the sums secured by this 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 successors 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 intere st. 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.
13.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 18. 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 the 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 this Security Instrument or the
Note without that Borrower's consent; provided, however, that such modification or
accommodation shall not be made without the prior written consent of the Senior Lien Holder.
14.Loan Charges. If the loan secured by this Security Instrument is subject to a law
which sets maximum loan charges, and that law is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with the loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to
the permitted limit; and(b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Under may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Borrower. If a refund reduces
principal, the reduction will be treated as a partial prepayment without any prepayment charge
under the Note.
M
15.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 use 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 Under's address stated herein or any other address Lender designates by notice to Borrower.
Any notice required to be given to the Senior Lien Holder shall be given by first class mail to the
following address:
The City of Fort Worth
Housing awAM=
1000!hLockmor=—
Fort MLq9h, Te 7§102
or such other address the Senior Lien Holder designates by notice to the Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or
Lender when given as provided in this paragraph.
16.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
provision or clause of this Security Instrument or the Note conflicts with applicable law, such
coPict shall not all other provisions of this Security Instrument or the Note which can be
given eff ect without the conflicting provision. To this end the provisions of this Security
Instnunent and the Note are declared to be severable.
17.Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this
Security Instrument.
18.Transfer of the Property or a Beneficial Interest in Borrower. Except for a
conveyance to the trustee under the First Deed of Trust, if all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a natural person) without Lender's prior written consent (including a transfer of all
or any part of the Property to any person who, at initial occupancy of the Property, does not use the
Property for "low-income housing" within the meaning of the Home Program in accordance with
the U.S. Housing and Urban Development income guidelines.) Lender may, at its option, require
immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this
Security Instrument.
If Lender exercises this option, Lender shall give Borrower and the Senior Lien Holder prior
written notice of acceleration. The notice shall provide a period of not less than 30 days from the
date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice to or
demand on Borrower.
Notwithstanding Lender's right to invoke any remedies hereunder, as provided in Section 8
above, Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of
foreclosure, or exercise any other rights or remedies hereunder until it has given the Senior Lien
Holder at least 60 days' prior written notice.
The Borrower and the Lender agree that whenever the Note or this Security Instrument gives
the Lender the right to approve or consent with respect to any matter affecting the Property (or the
construction of any improvements thereon) or otherwise (including the exercise of any "due on sale"
clause), a right of approval or consent with regard to the same matter is also granted to the Senior
Lien Holder pursuant to the First Deed of Trust, the Senior Lien Holder's approval or consent or
failure to approve or consent, as the case may be, shall be binding on the Borrower and the Lender.
19.Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall
have the right to have enforcement of this Security Instrument discontinued at any time prior to the
earlier of- (a) 5 days (or such other period as applicable law may specify for reinstatement) before
sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry
of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument, =ludirg, but not limited to, reasonable
attorneys' fees; and(d) takes such action as Lender may reasonably require to assure that the lien of
this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,
this Security Instrument and the obligations secured hereby shall remain fully eff ective as if no
acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under paragraph 18.
20.Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note
(together with this Security Instrument) may be sold one or more times without prior notice to
Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects
monthly payments due under the Note and this Security Instrument. There also may be one or more
changes of the L.-mn Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Boffower will be given written notice of the change in accordance with paragraph 15
above and applicable law, The notice will state the name and address of the new Loan Servicer and
the address to which payments should be nude. The notice will also contain any other information
required by applicable law.
2 1. No Assignment. Until the loan secured by the First Deed of Trust has been satisfied
in full, the Lender and the Borrower agree that the Note and the Security Instrument will not be
assigned without the Senior Lien Holder's prior written consent.
22.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 other rentediation of any Hazardous Substance affecting the Property is necessary,
Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
Prior to taking any such remedial action, however, the Borrower shall notify the Senior Lien
Holder that such remedial action is necessary and shall obtain the Senior Lien Holder's prior written
consent for such remedial action.
As used in this paragraph 22, "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 containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph
22, "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:
23. Acceleration; Remedies. Lender shall give notice to Borrower and the
Senior Lien Holder prior to acceleration following Borrower's breach of any covenant or agreement
in this Security Instrument. The notice shall specify:
(a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the
date the notice is given to Borrower (and with respect to the Senior Lien Holder, 60 days from the
date the notice is given to the Senior Lien Holder), by which the default must be cured; and (d) that
failure to cure the default on or before the date specified in the notice may result in acceleration of
the sums secured by this Security Instrument and sale of the Property. The notice shall further
inforni. Borrower of the right to reinstate after acceleration and the right to bring a court action to
assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If
the default is not cured by the Borrower on or before the date specified in the notice, and the Senior
Lien Holder has not exercised its right to cure the default, then Lender at its option may require
immediate payment in full of all sums secured by this Security Instrument without further demand
and may invoke the power of sale and any other remedies permitted by applicable law.
Notwithstanding Lender's right to invoke any remedies hereunder, as provided in Section 8 above,
the Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of
foreclosure, or exercise any other rights or remedies hereunder until it has given the Senior Lien
H o l d e r at l e a s t 60 days' prior written notice. Lender shall b e e ntitled to collect all expenses
incurred in pursuing the remedies provided in this paragraph 23, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender or Trustee shall it copies of a notice of sale
in the manner prescribed by applicable law to Borrower, the Senior Lien Holder and to the other
persons prescribed by applicable law- Trustee shall give notice of sale by public advertisement for
the tin ie and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
shall sell the Property at public auction to the highest bidder for cash at the time and place and under
the terms designated in the notice of sale in one or more parcels and in any order Trustee
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determines. Trustee may postpone sale of all or any parcel of the Property to any later time on the
same date by public announcement at the time and place of any previously scheduled sale. Lender
or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. 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 attorneys' 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 sale or transfer occurs during the term of affordability and the property is not sold to low
income buyer, the proceeds shall be distributed in the following order:
(1) Payment of debt on the first mortgage and loans incurred by the homebuyer to acquire and
improve the property
(2) Closing costs
(3)Payment of the homebuyer equity (including downpayment, repayment of loan principal, and
major improvements financed by the homebuyer)
(4) Payment of the City's second mortgage to the extent proceeds are available
(5) Any excess proceeds:
a. If the sale/transfer/non-use as primary residence occurs in year 0 to year 5, the entire
excess proceeds go to the City of Fort Worth; or
b. If sale/transfer/non-use as primary residence occurs after year 5 to year 15, the entire
excess proceeds go,to the homebuyer
24.Release. Upon payment of all sums secured by this Security Instrument, Lender shall
release this Security Instrument without charge to Borrower. Borrower shall pay all recordation
costs.
25. Substitute Trustee. Under, at its option, may from time to time remove Trustee and
appoint a successor trustee to any Trustee appointed hereunder by an instrument
recorded in the county in which this Security Instrument is recorded. 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.
26. Modification of First Deed of Trust Loan Documents. The Lender consents to any
agreement or arrangement in which the Senior Lien Holder waives, postpones, extends,
reduces or modifies any provisions of the First Deed of Trust Loan Documents,
including any provisions requirmg the payment of money.
li
ti
BY SIGNING BELOW, the Borrower and the Lender accept and agree to the terms
and covenants contained in this Security Instrument.
Witnesses/Attest:
City Secretary
Borrower
Social Security # 467-19-6626
Borrower
orrower
Date Social Security #
Lender: City of Fort Worth
AppROV]qD A& T0,10pal k"I'D 10GALITY:
Name: Libby Watson
Ls3istant City Attorney
Title: Assistant City Manager
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