HomeMy WebLinkAboutContract 62419-CD1CSC No. 62419-CD1
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS
AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN
THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
Deed of Trust
Security Agreement - Financing Statement
ARPA Funds
Terms
Date: December 27, 2024
Grantor: Child Care Associates, a Texas non-profit corporation
Grantor's Mailing Address:
Child Care Associates IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIIIIIIIIIIIIIII IIIIIIII 300 E. Belknap D225040599
Fort Worth, TX 76111
Attention: Kara Waddell, CEO 03/11/2025 08:16 AM Page: 1 of 16 Fees: $80.00
DEED OF TRUST
SUBMITTER: CITY OF FORT WORTH -NEIGHBORHOOD SERVICES
With a copy to: ���
Child Care Associates �IR�YE NICH0LS0N
COUNTY CLERK
300 E. Belknap
Fort Worth, TX 76111
Attention: Karanae Duane, CFO
Trustee: Leslie Hunt or Denis McElroy
Trustee's Mailing Address:
City Attorney's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, TX 76102
Tarrant County
Lender: City of Fort Worth, a Texas municipal corporation
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DEED OF TRUST — ARPA FUNDS Page 1
Child Care Associates
Child Development Facility in Stop Six
Lender's Mailing Address:
City of Fort Worth
Neighborhood Services Department
Attention: Assistant Director
100 Fort Worth Trail
Fort Worth, Texas 76102
Tarrant County
Loan Authority:
The loan evidenced by this Deed of Trust (the "Loan") is being made pursuant to
grant monies from the United States Department of the Treasury ("Treasury")
under Section 603(c)(1)(A) of Title VI of the Social Security Act with Non -
Revenue Recovery Funds for the rehabilitation of the Child Development Facility
in Stop Six, as more fully described in Contract No. 62419 between Grantor and
Lender (the "Contract" or the "ARPA Construction Contract").
Obligations
Note
Date:
Original Principal Amount: $5,000,000.00
Borrower: Child Care Associates
Lender: City of Fort Worth
Terms of Payment: As provided in the Note
Maturity Date: As described therein and in the Contract (as defined
below)
In addition, Obligations shall include compliance by Grantor with the ARPA
Requirements more particularly described in Section F. below.
Property (including any improvements):
See Exhibit A, which is incorporated by reference herein, containing a detailed
description of the properties currently known as 5033 Ramey Avenue & 5105
Ramey Avenue Fort Worth, Texas 76105
Together with the following personal property:
All fixtures, supplies, building materials, and other goods of every nature
now or hereafter located, used, or intended to be located or used on the
Property;
All plans and specifications for development of or construction of
improvements on the Property;
All contracts and subcontracts relating to the construction of improvements
on the Property;
All accounts, contract rights, instruments, documents, general intangibles,
and chattel paper arising from or by virtue of any transactions relating to
the Property;
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Child Development Facility in Stop Six
All permits, licenses, franchises, certificates, and other rights and privileges
obtained in connection with the Property;
All proceeds payable or to be payable under each policy of insurance
relating to the Property; and
All products and proceeds of the foregoing.
Notwithstanding any other provision in this Deed of Trust, the term "Property" does
not include personal effects used primarily for personal, family, or household
purposes.
In addition to creating a deed -of -trust lien on the Property described, Grantor also
grants to Lender a security interest in all of the above -described personal property
pursuant to and to the extent permitted by the Texas Uniform Commercial Code.
Other Exceptions to Conveyance and Warranty:
Validly existing easements, rights of way, and prescriptive rights, whether of record
or not; all presently recorded and validly existing restrictions, reservations,
covenants, conditions, oil and gas leases, mineral interests, and water interest
outstanding in persons other than Grantor, and other instruments, other than
conveyances of the surface fee estate, that affect the Property; validly existing rights
of adjoining owners in any walls and fences situated on a common boundary; any
discrepancies, conflicts or shortages in area or boundary lines; any encroachments
or overlapping of improvements.
For value received and to secure performance of the Obligations, Grantor conveys
the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the
Property, subject to the Other Exceptions to Conveyance and Warranty. On performance
of the Obligations including payment of the Loan and all other amounts secured by this
Deed of Trust if required and performance of the ARPA Requirements, this Deed of Trust
will have no further effect, and Lender will release it at Grantor's expense.
Clauses and Covenants
A. Grantor's Obligations
Grantor agrees to -
keep the Property in good condition and repair;
2. pay all taxes and assessments on the Property before delinquency, and not
authorize a taxing entity to transfer its tax lien on the Property to anyone other than Lender;
3. defend title to the Property subject to the Other Exceptions to Conveyance
and Warranty and preserve the lien's priority as it is established in this Deed of Trust;
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Child Development Facility in Stop Six
4. obey all laws, ordinances, and restrictive covenants applicable to the
Property;
5. maintain all insurance coverages with respect to the Property, revenues
generated by the Property, and operations on the Property that Lender reasonably requires
("Required Insurance Coverages"), issued by insurers and written on policy forms
acceptable to Lender, and deliver evidence of the Required Insurance Coverages in a form
acceptable to Lender at least 10 days before the expiration of the Required Insurance
Coverages.
6. keep any buildings occupied as required by the Required Insurance
Coverages;
7. if the lien of this Deed of Trust is not a first lien, pay or cause to be paid all
prior lien notes pursuant to their respective terms and abide by or cause to be abided by all
prior lien instruments; and
notify Lender in writing of any change of address.
Grantor agrees not to -
I. do or intentionally or knowingly permit anything to be done that will impair
the security of this Deed of Trust.
B. Lender's Rights
1. Lender or Lender's mortgage servicer may appoint in writing a substitute
trustee, succeeding to all rights and responsibilities of Trustee.
2. If the proceeds of the Loan are used to pay any debt secured by prior liens,
Lender is subrogated to all the rights and liens of the holders of any debt so paid.
3. Notwithstanding the terms of the Note to the contrary, and unless applicable
law prohibits, all payments received by Lender from Grantor with respect to the
Obligations or this Deed of Trust may, at Lender's discretion, be applied first to amounts
payable under this Deed of Trust and then to amounts due and payable to Lender with
respect to the Obligations, to be applied to late charges, principal, or interest in the order
Lender in its discretion determines.
4. If Grantor fails to perform any of Grantor's Obligations under this Deed of
Trust, subject to prior written notice and cure period, Lender may perform those obligations
and be reimbursed by Grantor on demand for any amounts so paid, including reasonable
attorney's fees, plus interest on those amounts from the dates of payment at the rate stated
in the Note for matured, unpaid amounts. The amount to be reimbursed will be secured by
this Deed of Trust.
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Child Development Facility in Stop Six
5. If there is a default on the Obligations or if Grantor fails to perform any of
Grantor's Obligations under this Deed of Trust and the default continues after any required
notice of the default and the time allowed to cure, Lender may -
a. declare any unpaid principal balance and any earned interest on the
Obligations immediately due;
b. exercise Lender's rights with respect to rent under the Texas Property Code
as then in effect;
c. direct Trustee to foreclose this lien, in which case Lender or Lender's agent
will cause notice of the foreclosure sale to be given as provided by the Texas
Property Code as then in effect; and
d. purchase the Property at any foreclosure sale by offering the highest bid and
then have the bid credited on the Obligations.
6. Lender may remedy any default without waiving it and may waive any
default without waiving any prior or subsequent default.
7. If Grantor fails to perform any of its obligations, covenants, or agreements
under the Contract or this Deed of Trust, Lender may do any act it deems reasonably
necessary to cure such failure. During an event of default, Lender may enter the Premises
with or without notice and do anything that Lender reasonably deems necessary or prudent
to do.
8. If Lender elects to make any payments or do any act or thing required to be
paid or done by Grantor under the Loan documents, any sums advanced by Lender are a
part of the Obligations.
C. Trustee's Rights and Duties
If directed by Lender to foreclose this lien, Trustee will -
I. either personally or by agent give notice of the foreclosure sale as required
by the Texas Property Code as then in effect;
2. sell and convey all or part of the Property "AS IS" to the highest bidder for
cash with a general warranty binding Grantor, subject to the Prior Lien and to the Other
Exceptions to Conveyance and Warranty and without representation or warranty, express
or implied, by Trustee;
3. from the proceeds of the sale, pay, in this order -
a. expenses of foreclosure, including a reasonable commission to
Trustee;
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Child Development Facility in Stop Six
b. to Lender, the full amount of principal, interest, reasonable
attorney's fees, and other charges due and unpaid;
any amounts required by law to be paid before payment to Grantor;
d. to Grantor, any balance; and
4. be indemnified, held harmless, and defended by Lender against all costs,
expenses, and liabilities incurred by Trustee for acting in the execution or enforcement of
the trust created by this Deed of Trust, which includes all court and other costs, including
reasonable attorney's fees, incurred by Trustee in defense of any action or proceeding taken
against Trustee in that capacity.
D. General Provisions
1. If any of the Property is sold under this Deed of Trust, Grantor must
immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor will
become a tenant at sufferance of the purchaser, subject to an action for forcible detainer.
2. Recitals in any trustee's deed conveying the Property will be presumed to
be true, absent evidence to the contrary.
3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing
any other remedy will not constitute an election of remedies.
4. This lien will remain superior to liens later created even if the time of
payment of all or part of the Obligations is extended or part of the Property is released,
unless a subordination agreement is executed by the Lender.
5. If any portion of the Obligations cannot be lawfully secured by this Deed of
Trust, payments will be applied first to discharge that portion.
6. Grantor assigns to Lender all amounts payable to or received by Grantor
from condemnation of all or part of the Property, from private sale in lieu of condemnation,
and from damages caused by public works or construction on or near the Property. After
deducting any expenses incurred, including reasonable attorney's fees and court and other
costs, Lender will either release any remaining amounts to Grantor or apply such amounts
to reduce the Obligations and any excess proceeds shall be paid to Grantor. Lender will not
be liable for failure to collect or to exercise diligence in collecting any such amounts.
Grantor will immediately give Lender notice of any actual or known threatened
proceedings for condemnation of all or part of the Property.
Notwithstanding the above, in the event of any fire or other casualty to the Property
or eminent domain proceedings resulting in condemnation of the Property or any part thereof,
Grantor shall have the right to rebuild the Property, and to use all available insurance or
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Child Development Facility in Stop Six
condemnation proceeds therefore, provided that (a) such proceeds are sufficient to keep the
Obligations in balance and rebuild the Property in a manner that provides adequate security
to Lender for repayment or performance of the Obligations or if such proceeds are insufficient
then Grantor shall have funded any deficiency, (b) Lender shall have the right to approve
plans and specifications for any major rebuilding and the right to approve disbursements of
insurance or condemnation proceeds for rebuilding under a construction escrow or similar
arrangement, and (c) no material default then exists under the Loan documents other than
attributable to casualty or condemnation. If the casualty or condemnation affects only part of
the Property and total rebuilding is infeasible, then proceeds may be used for partial rebuilding
and partial repayment of the Obligations in a manner that provides adequate security to Lender
for repayment of the remaining balance of the Obligations, and any excess proceeds shall be
paid to Grantor.
7. Grantor assigns to Lender absolutely, not only as collateral, all present and
future rent and other income and receipts from the Property. Grantor may as Lender's
licensee collect rent and other income and receipts as long as Grantor is not in default with
respect to the Obligation or this Deed of Trust. Subject to the terms of the Loan documents,
Grantor will apply all rent and other income and receipts to payment of the Obligations and
performance of this Deed of Trust, but if the rent and other income and receipts exceed the
amount due with respect to the Obligations and the Deed of Trust, Grantor may retain the
excess. If Grantor defaults in payment or performance of the Obligations or performance
of this Deed of Trust, Lender may terminate Grantor's license to collect rent and other
income and then as Grantor's agent may rent the Property and collect all rent and other
income and receipts. Lender neither has nor assumes any obligations as lessor or landlord
with respect to any occupant of the Property. Lender may exercise Lender's rights and
remedies under this paragraph without taking possession of the Property. Lender will apply
all rent and other income and receipts collected under this paragraph as required by the
Texas Property Code as then in effect. Lender is not required to act under this paragraph,
and acting under this paragraph does not waive any of Lender's other rights or remedies.
8. Interest on the debt secured by this Deed of Trust will not exceed the
maximum amount of non -usurious interest that may be contracted for, taken, reserved,
charged, or received under law. Any interest in excess of that maximum amount will be
credited on the principal of the debt or, if that has been paid, refunded. On any acceleration
or required or permitted prepayment, any excess interest will be canceled automatically as
of the acceleration or prepayment or, if already paid, credited on the principal of the debt
or, if the principal of the debt has been paid, refunded. This provision overrides any
conflicting provisions in this and all other instruments concerning the debt.
9. In no event may this Deed of Trust secure payment of any debt that may not
lawfully be secured by a lien on real estate or create a lien otherwise prohibited by law.
10. When the context requires, singular nouns and pronouns include the plural.
11. The term Note includes all extensions, modifications, and renewals of the
Note and all amounts secured by this Deed of Trust.
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12. Grantor agrees to (a) keep at Grantor's address, or such other place as
Lender may approve, accounts and records reflecting the operation of the Property and
copies of all written contracts, leases, and other instruments that affect the Property; (b)
prepare financial accounting records in compliance with generally accepted accounting
principles consistently applied; and (c), at Lender's request on reasonable notice from time
to time, permit Lender to examine and make copies of such books, records, contracts,
leases, and other instruments at any reasonable time.
13. Grantor agrees to deliver to Lender, at Lender's request from time to time,
internally prepared financial statements of Grantor and any guarantor of the Note prepared
in accordance with generally accepted accounting principles consistently applied, in detail
reasonably satisfactory to Lender and certified to be materially true and correct by the chief
financial officer of Grantor or its certified public accountant, as applicable.
14. If Lender orders an appraisal of the Property while a default exists or to
comply with legal requirements affecting Lender, Grantor, at Lender's request, agrees to
reimburse Lender for the reasonable cost of any such appraisal. If Grantor fails to
reimburse Lender for any such appraisal within 20 days of Lender's written request, that
failure is a default under this Deed of Trust.
15. Grantor agrees to allow Lender or Lender's agents to enter the Property
during regular business hours upon at least 48 hours prior notice and inspect it and any
personal property in which Lender is granted a security interest by this Deed of Trust.
16. Grantor may not sell, transfer, or otherwise dispose of any Property,
whether voluntarily or by operation of law, except for condemnation or to obtain utility
easements, without the prior written consent of Lender. If granted, consent may be
conditioned upon (a) the grantee's integrity, reputation, character, creditworthiness, and
management ability being satisfactory to Lender; and (b) the grantee's executing, before
such sale, transfer, or other disposition, a written assumption agreement containing any
terms Lender may reasonably require, such as a principal pay down on the Obligations, an
increase in the rate of interest payable with respect to the Obligations, a transfer fee, or any
other modification of the Note, this Deed of Trust, or any other instruments evidencing or
securing the Obligations.
Grantor may not cause or permit any Property to be encumbered by any liens,
security interests, or encumbrances other than the liens securing the Obligation and the
liens securing ad valorem taxes not yet due and payable and the Permitted Exceptions
without the prior written consent of Lender. If granted, consent may be conditioned upon
Grantor's executing, before granting such lien, a written modification agreement containing
any terms Lender may require, such as a principal pay down on the Obligations, an increase
in the rate of interest payable with respect to the Obligations, an approval fee, or any other
modification of the Note, this Deed of Trust, or any other instruments evidencing or
securing the Obligations.
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Grantor may not grant any lien, security interest, or other encumbrance (a
"Subordinate Instrument") covering the Property that is subordinate to the liens created
by this Deed of Trust without the prior written consent of Lender. If granted, consent may
be conditioned upon the Subordinate Instrument's containing express covenants to the
effect that -
a. the Subordinate Instrument is unconditionally subordinate to this Deed of
Trust;
b. if any action is instituted to foreclose or otherwise enforce the Subordinate
Instrument, no action may be taken that would terminate any occupancy or
tenancy without the prior written consent of Lender, and that consent, if
granted, may be conditioned in any manner Lender determines;
C. rents, if collected by or for the holder of the Subordinate Instrument, will be
applied first to the payment of the Obligations then due and to expenses
incurred in the ownership, operation, and maintenance of the Property in
any order Lender may determine, before being applied to any indebtedness
secured by the Subordinate Instrument;
d. written notice of default under the Subordinate Instrument and written
notice of the commencement of any action to foreclose or otherwise enforce
the Subordinate Instrument must be given to Lender concurrently with or
immediately after the occurrence of any such default or commencement;
and
e. in the event of the bankruptcy of Grantor, all amounts due on or with respect
to the Obligations and this Deed of Trust will be payable in full before any
payments on the indebtedness secured by the Subordinate Instrument.
Grantor may not cause or permit any of the following events to occur without the
prior written consent of Lender: if Grantor is (a) a corporation, the dissolution of the
corporation or the sale, pledge, encumbrance, or assignment of any shares of its stock; (b)
a limited liability company, the dissolution of the company or the sale, pledge,
encumbrance, or assignment of any of its membership interests; (c) a general partnership
or joint venture, the dissolution of the partnership or venture or the sale, pledge,
encumbrance, or assignment of any of its partnership or joint venture interests, or the
withdrawal from or admission into it of any general partner or joint venturer; or (d) a
limited partnership, (1) the dissolution of the partnership, (2) the sale, pledge,
encumbrance, or assignment of any of its general partnership interests, or the withdrawal
from or admission into it of any general partner, or (3) except for a limited partnership
interest in a low income housing project, the withdrawal from or admission into it of any
controlling limited partner or partners. If granted, consent may be conditioned upon (a) the
integrity, reputation, character, creditworthiness, and management ability of the person
succeeding to the ownership interest in Grantor (or security interest in such ownership)
being reasonably satisfactory to Lender; and (b) the execution, before such event, by the
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person succeeding to the interest of Grantor in the Property or ownership interest in Grantor
(or security interest in such ownership) of a written modification or assumption agreement
containing such terms as Lender may reasonably require, such as a principal pay down on
the Obligations, an increase in the rate of interest payable with respect to the Obligations,
a transfer fee, or any other modification of the Note, this Deed of Trust, or any other
instruments evidencing or securing the Obligations.
17. Grantor agrees not to grant any future lien or security interest in the Property
or to permit any future junior encumbrance to be recorded or any existing or future claim
to otherwise become an encumbrance against the Property. If an involuntary encumbrance
is filed against the Property, Grantor agrees, within 30 days of actual notice, to either
remove the involuntary encumbrance or insure against it or provide a bond acceptable to
Lender against the involuntary encumbrance.
18. This Deed of Trust binds, benefits, and may be enforced by the successors
in interest of all parties.
19. If Grantor and Borrower are not the same person, the term Grantor includes
Borrower.
20. Except as may be specifically stated in this Deed of Trust or the Note,
Grantor and each surety, endorser, and guarantor of the Obligations waive all demand for
payment, presentation for payment, notice of intention to accelerate maturity, notice of
acceleration of maturity, protest, and notice of protest, to the extent permitted by law.
21. Grantor agrees to pay reasonable attorney's fees, trustee's fees, and court
and other costs of enforcing Lender's rights under this Deed of Trust if this Deed of Trust
is placed in the hands of an attorney for enforcement.
22. If any provision of this Deed of Trust is determined to be invalid or
unenforceable, the validity or enforceability of any other provision will not be affected.
23. The term Lender includes any mortgage servicer for Lender.
24. The debt and the performance secured by this Deed of Trust is a nonrecourse
obligation of Borrower. Neither Borrower nor any other party shall have any personal
liability for repayment of the Loan described in the Contract. The sole recourse of Lender
under the Loan documents for repayment of the Loan or performance of any of the
Obligations shall be the exercise of its right against the security for payment as defined in
the Note.
E. Construction Loan Mortgage
1. This Deed of Trust is a "construction mortgage" within the meaning of
Section 9.334 of the Texas Business and Commerce Code. The liens and security interests
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created and granted by this Deed of Trust secure an obligation incurred for the construction
or rehabilitation of improvements on land.
2. Grantor agrees to comply with the terms, covenants and conditions of City
Secretary Contract No. 62419 between Grantor and Lender (the "Contract") which
requires the Note and this Deed of Trust. All advances made by Lender under the Contract
will be indebtedness of Grantor secured by the liens created by this Deed of Trust, and such
advances are conditioned as provided in the Contract.
3. All amounts disbursed by Lender before completion of the improvements
to protect the security of this Deed of Trust up to the principal amount of the Note will be
treated as disbursements under the Contract. All such amounts will bear interest from the
date of disbursement at the rate stated in the Note, unless collections from Grantor of
interest at that rate would be contrary to applicable law, in which event such amounts will
bear interest at the rate stated in the Note for matured, unpaid amounts and will be payable
on notice from Lender to Grantor requesting payment.
4. From time to time as Lender deems reasonably necessary to protect Lender's
interests, Grantor will, on request of Lender, execute and deliver to Lender, in such form
as Lender directs but subject to the rights of any senior lien holders, assignments of any
and all rights or claims that relate to the construction of improvements on the Property.
5. In case of breach by Grantor of the terms, covenants and conditions of the
Contract, Lender, at its option, subject to applicable notice, grace and cure periods, with or
without entry on the Property, may (a) invoke any of the rights or remedies provided in the
Contract, (b) accelerate the amounts secured by this Deed of Trust and invoke the remedies
provided in this Deed of Trust, or (c) do both.
F. THIS CONVEYANCE IS MADE AND ACCEPTED SUBJECT TO THE
FOLLOWING CONDITIONS AND RESTRICTIONS:
The Note secured by this Deed of Trust is the Note required in the Contract between
Grantor and Lender and has been executed and delivered in accordance with its terms. The
funds advanced by Lender are ARPA funds and the Contract requires that the Child
Development Facility located on the Property constructed with ARPA funds must operate
as a child care facility that services children 0-5 years old for the 5-year Performance
Period, all as more particularly described in the Contract, in accordance with the ARPA
Regulations.
Borrower shall fulfill the following ARPA Requirements as more particularly
described in the Contract:
1. Construction of the Child Development Facility to provide safe, quality
accessible, and affordable child care services.
2. During the Performance Period,
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a. operate the Child Development Facility to provide child care services;
b. comply with all applicable provisions of the ARPA Regulations; and
c. comply with all requirements and obligations in the Contract.
The Loan and any sums due under the Note or this Deed of Trust will be in default
and may be declared immediately payable if the Child Development Facility located on the
Property does not comply with the ARPA Requirements or other requirements in the
Contract at all times during the 5-year Performance Period, all as more particularly
described in the Contract. In the event of such default, Lender may invoke any remedies
provided herein or in the Contract.
This Deed of Trust has also been executed and delivered pursuant to the terms of
the Contract. Grantor agrees to perform each and every obligation set forth in the Contract
and will not permit a default to occur thereunder. Any default in the performance of
Grantor's obligations under the terms of the Contract, the ARPA Regulations shall be
deemed a default in the terms of the Note and Lender may invoke any remedies provided
herein.
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THE CONTRACT, THE NOTE AND THE DEED OF TRUST
CONSTITUTE THE FINAL AGREEMENT OF THE PARTIES AND MAY NOT
BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO
UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
CHILD CARE ASSOCIATES
IN
addell, Chief Execktive Officer
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 1Nl WL,A._ , 2024 by
Kara Waddell, the Chief Executive Officer of Child Care Associates, a Texas nonprofit
corporation, on behalf of said corporation.
VV Ai'd
ARPENNY LYNN MCCLELLAND '
'* * My Notary ID # 124104165 N ary Publi ate �exas
Expires January 17 2026
AFTER RECORDING RETURN TO:
City of Fort Worth
City Attorney's Office
Attention: Leslie Hunt
100 Fort Worth Trail
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT "A"
BEING a 113,892 square foot or 2.6146 acre tract of land, in all, situated in the DANIEL DULANY SURVEY,
ABSTRACT NO. 411, City of Fort Worth, Tarrant County, Texas and being a part of those certain tracts of land
described in Correction Instruments to Fort Worth Housing Authority (FWHA), as recorded in Document Numbers
D217021839 and D217021837 Official Public Records of Tarrant County, Texas and that certain tract of land
described in Deed from Anson Financial Inc. to Cavile PFC and recorded in Document No. D216243815 and being
a part of those certain called Lot 9, Lot 10 and Lot 11 of the Simon & Max K. Mayer Subdivision, an Addition to
the City of Fort Worth according to the Map or Plat thereof recorded in Volume 309, Page 43 of the Map or Plat
Records of Tarrant County, Texas, said 2.6146 acre tract of land being more particularly described in "Three
Tracts" by metes and bounds as follows:
Tract 1: (62,718 Sq. Ft. / 1.4398 Ac.) (called 1.442 Ac. Document No. D217021839)
BEGINNING at a 1/2" iron rod found for corner at the Northeast corner of that certain called 1.442 acre tract of
land described in Deed from City of Fort Worth to (FWHA) and recorded in Document No. D217021839 of said
Public Records, same being the Northwest corner of Lot 12-R of the Simon and Max K. Mayer Subdivision, being a
Revision of the East 15 feet of Lot 11 and all of Lots 12 and 13 of the above referenced Subdivision according to
the Map or Plat thereof recorded in Volume 388-205, Page 80 of said Map or Plat records and being in the South
line of that certain called James Mayfield's Addition an Addition to the City of Fort Worth according to the Map or
Plat thereof recorded in Volume 600, Page 601 of said Map or Plat Records;
THENCE South 00002'52" W West with the n East line of said 1.442 acre tract, same being the West line of said
Lot 12-R a distance of 677.44 feet to an "X" cut in concrete found for corner at the Southeast corner of said
1.442 acre tract, same being the Southwest corner of said Lot 12-R and being in the North line of Ramey Avenue
(variable width Right -of -Way);
THENCE South 89028'51" West with the North line of said Ramey Avenue, same being the South line of said
1.442 acre tract at a distance of 2.54 feet to an "X" cut in concrete set for corner at an outside ell corner in the
South line of said 1.442 acre tract, same being the Southeast corner of that certain called 0.2848 acre tract of
land described in Deed from The City of Fort Worth to The Fort Wort Worth Housing Authority and recorded in
Document No. D217021837 of said Public Records;
THENCE North 00002'52" East across said Lot 11 and with the East line of said 0.2848-acre tract a distance of
135.89 feet to a 3/4" iron rod found for corner at the Northeast corner of said 0.2848-acre tract, same being an
inside ell corner in the South line of said 1.442 acre tract;
THENCE South 88055'10" West continuing across said Lot 11 and with the North line of said 0.2484 acre tract at
a distance of 43.47 feet passing the West line of said Lot 11, same being the East line of the above referenced
Lot 10 and continuing a total distance of 72.83 feet to a 1/2" capped iron rod "RPLS 5411" set for corner at the
Northwest corner of said 0.2848 acre tract;
THENCE South 00°02'52" West across said Lot 10 and with the West line of said 0.2848 acre tract a distance of
135.18 feet to an "X" cut in concrete in the North line of said Ramey Avenue, same being the South line of said
1.442 acre tract at the Southwest corner of said 0.2848 acre tract, same being at an outside ell corner in said
South line of said 1.442 acre tract;
THENCE South 89028'51" West with the Northline of said Ramey Avenue, the South line of said 1.442 acre tract
and across said Lot 10 a distance of 31.99 feet to an "X" cut in concrete for corner at the Southwest corner of
said 1.442 acre tract, in the West line of said Lot 10, same being the East line of said Lot 9;
THENCE North 00104'44" East with the East line of said Lot 9, the West line of said Lot 10, same being the West
line of said 1.442 acre tract a distance of 677.31 feet to a 1/2" capped iron rod "RPLS 5411" set for corner at the
Northwest corner of said 1.442 acre tract, the Northwest corner of said Lot 10, The Northeast Corner of said Lot
9 and being in the South line of the James Mayfield's Addition the City of Fort Worth according to the Map or Plat
thereof recorded in Volume 600, Page 601 of said Map or Plat Records;
THENCE North 8912448" East with the North line of said Lot 10, same being the South line of said Mayfield's
Addition at a distance 61.00 feet passing the Northeast corner of Said Lot 10, the Northwest corner of said Lot 11
and continuing a total distance of a distance of 106.98 feet back to the POINT of BEGINNING and CONTAINING
62,718 square feet or 1.4398 acres of land, more or less.
Tract 2 (9,869 Sq. Ft. / 0.2266 Ac.) (called 0.2484 Ac. Document No. D2170218397)
COMMENCING at a "X" cut in concrete found for corner at the Southeast corner of the above reference 1.442
acre tract, same being the Southwest corner of the above reference Lot 12-R and being in the North line of
Ramey Avenue (variable width Right -of -Way); THENCE South 89028'51" West a distance of 2.54 feet to an'X" cut
in concrete for the Southeast corner of said 0.2848 acre tract and being at the POINT of BEGINNING:
THENCE South 89028'51" West continuing with the North line of said Ramey Avenue, same being the South line
of said 0.2848 acre tract at a distance of 42.80 feet passing the West line of the above referenced Lot 11, same
being the East line of said Lot 10 and continuing a total distance of 72.82 feet to an "X" cut in concrete for the
Southwest corner of said 0.2848 acre tract, same being an outside ell corner in the South line of said 1.442 acre
tract;
THENCE North 00002'52" East across said Lot 10 and with the West line of said 0.2848 acre tract, a distance of
135.18 feet to a 1/2" capped iron rod "RPLS 5411" set for corner at the Northwest corner of said 0.2848 acre
tract, and being at an inside ell corner in the South line of said 1.442 acre tract;
THENCE North 88155'10" East across said Lot 10, and with the South line of said 1.442 acre tract at a distance of
29.36 feet passing the East line of said Lot 10. same being the West line of said Lot 11 and continuing a total
distance of 72.83 feet to a 3/4" iron rod found of corner at the Northeast corner of said 0.2848 acre tract, same
being an inside ell corner in the South line of said 1.442 acre tract;
THENCE South 001102'52" West the East line of said 0.2848 acre tract a distance of 135.89 feet back to the POINT
OF BEGINNING and CONTAINING 9,869 Square Feet or 0.2266 acres of land. more or less.
Tract 3 (41,305 Sq. Ft. 0.9482 Ac.) (called 0.94 Ac. Document No. D216243815)
BEGINNING at an "X" cut found in concrete for the Southwest corner of that certain called 0.94 acre tract of land
described in Deed from Anson Financial Inc. to Cavile PFC and recorded in Document No. D216243815 of said
Official Public Records of Tarrant County, Texas, the West line of the above referenced Lot 9, same being the
East line of Lot 8 of said Simon and Max K. Mayor Subdivision, as described in Deed from Rodney D. McNeely to
Richard McAlister and recorded in Document No. 214094184 of said Public Records;
THENCE North 00104'41" East with the West line of said 0.94 acre tract, the West line of Lot 9, same being the
east line of said McAlister Tract a distance of 677.24 feet to a 1/2" capped iron rod "RPLS 5411"set for corner at
the Northwest corner of said 0.94 acre tract, the Northwest corner of said Lot 9, same being the Northeast corner
of said McAlister tract, and being in the South line of the James Mayfield's Addition to the City of Fort Worth
according to the Map or Plat recorded in Volume 600, Page 601 of said Map or Plat Records of Tarrant County,
Texas;
THENCE North 89024'48" East with the North line of said 0.94 acre tract, the North line of said Lot 9, same being
the South line of said Mayfield's Addition, a distance of 61.00 feet to a 1/2" capped iron rod "RPLS 5411" set for
corner at the Northeast corner of said 0.94 acre tract, same being the Northwest corner of that certain called
1.442 acre tract Described in Deed from The City of Fort Worth to Fort Worth Housing Authority and recorded in
Document No. D217021839 of said Public Records;
THENCE South 00004'44" West with the East line of said 0.94 acre tract, same being the West line of said 1.442
acre tract a distance of 677.31 feet to an "X" cut in Concrete for the Southeast corner of said 0.94 acre tract,
same being the Southwest corner of said 1,442 acre tract and being in the North line of said Ramey Avenue;
THENCE South 89128'51" West with the South line of said 0.94-acre tract, same being the North line of said
Ramey Avenue a distance of 60.99 feet back to the POINT of BEGINNING and CONTAINING 41,305 Square Feet,
0.9482 acres of land, more or less.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS OF
TARRANT COUNTY, TEXAS
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D225040599 03/11/2025 08:16 AM
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DEED OF TRUST
Pages: 16 ��
Fees: $80.00 \j MARY LOU SON
MARY LOUISE NICHOLSON
COUNTY CLERK