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HomeMy WebLinkAboutContract 31306-A1 ,-fi SECRETARY ,1-3C _,+ CONTRACT NO. STATE OF TEXAS § § Know All Persons by These Presents: COUNTY OF TARRANT § ASSIGNMENT OF LEASE,OPTION,AND NON-EXCLUSIVE LICENSE AGREEMENT WHEREAS,on the 9th day of February , 1982, the City of Fort Worth, acting by and through its duly authorized Assistant City Manager, entered into a certain lease agreement (the Lease) with Myrtle Dulong , whereby the City of Fort Worth leased for a period of 50 years, and 0 months, commencing on the 1st day of February 1982, and ending on January 31,2032 at an annual rental rate of$564.00 subject to the adjustments set forth in the Lease, the following described property: Lot(s) 6 ,Block 15 ,Lake Worth Lease Survey,Tarrant County,Texas, and otherwise known as aka 7360 Love Circle WHEREAS, a copy of the Lease is attached hereto as Exhibit A and incorporated herein by reference as if set forth in full;and WHEREAS, the Lease was amended in City Secretary Contract Number 31306 to correctly identify the Leased Land as Lot 6 , Block 15 Lake Worth Leases an addition to the City of Fort Worth, Tarrant County,Texas,as shown on the plat recorded in Cabinet A,Slide 9384A-9384A Plat Records,Tarrant County,Texas;and WHEREAS, a copy of the lease is attached hereto as Exhibit A and incorporated herein by reference as if set forth in full:and WHEREAS, on January 31, 2005, The City of Fort Worth and Shirley 1. Maxwell entered into an Option Agreement("Option Agreement") to sell the Property covered under the Lease to Shirley T.Maxwell:and WHEREAS, on May 9, 2006, TP Morgan Chase Bank, National Association foreclosed on the property in Tarrant Count, Texas, a copy of the Trustees Deed is recorded in the Deed Records of Tarrant County, Texas, a copy of the Trustees Deed is recorded in the Deed Records of Tarrant County as Instrument#D210049442: and WHEREAS, the City of Fort Worth, does hereby consent to the assignment of (X) Debra Fisher and Ronald Fisher interest in the lease ("ASSIGNOR") to (xx) TP Morgan Chase Bank, National Association (ASSIGNEE") pursuant to the provisions of Section IV(A)and XI(B) thereof. NOW THEREFORE, the City of Fort Worth does hereby consent to the assignment of the Lease and Option Agreement from ASSIGNOR(S),to ASSIGNEE(S). As consideration for the assignment of the Lease,Option Agreement and the Non-Exclusive License Agreement, ASSIGNEES) hereby expressly accept(s) and assume(s) all obligations and liabilities of ASSIGNOR(s) under the terms of the Lease, Option Agreement and the Underground License Agreement and agree(s) to be bound by all the terms,provisions and covenants therein. Specifically, ASSIGNEES) is/are aware, and acknowledge(s) receipt of Notice from LESSOR, that the ASSIGNORS) is/are in violation under the terms of the Lease with regard to: OFFICIAL RECORD inadequacy of current septic system serving the lot; inadequacy of current water well serving the lot, CITY SECRETARY FORT WORTH, TX X other An Underground License Agreement (UGL) supports this lease property and will transfer to the new Lessees in conjunction with the Lease Transfer. Seller to verify with the buyer the location of the drain field covered under the UGL Further, ASSIGNEES) is/are aware that ASSIGNEE(S) will be required to cure the aforementioned violation within forty-five (45) days of the date of the assignment or the Lease will be terminated by default, and ASSIGNEE(S) shall not be entitled to reimbursement by LESSOR for the value of the improvements on the property, if any. In addition, ASSIGNEE(S) acknowledge(s) that LESSOR is not obligated to extend the forty-five (45) day time period during which any violation under the Lease must be cured. Nothing contained herein shall be considered as altering or extending the forty-five (45) day time period or as releasing any claim or course of action LESSOR may have against ASSIGNORS) in connection with their obligations or liabilities under the terms of the Lease. LESSOR'S consent to the assignment of the Lease and Option Agreement is given with the understanding that all amounts owed to the City of Fort Worth, under the terms of the Lease, including rent, penalties, interest and ad valorem taxes, are paid and current to date. If ASSIGNOR(S) is/are not current on any and all obligations owed to LESSOR under the terms of the Lease,this Assignment if Null and Void and of no force and effect. ASSIGNEE(S) shall pay to LESSOR a one hundred twenty five dollar ($150.00) assignment fee to defer the administrative fees associated with this assignment. IN WITNESS. WHEREOF, the parties hereto have executed this Agreement on the c2 N day of 20 APPROVED AS TO FORM AND LESSOR: The City of Fort Worth LEGALf1'Y ,;LS City Attorney Assistant City Manager ASSIGNOR: ASSIGNEE: JL Ke IX Livingstori (X) (Foreclosure) (xx) Mcjent By: Debra Fisher and Ronald Fisher JP Morgan Chase Bank,National Association 7360 Love Circle,Fort Worth,TX 7255 Baymeadows Way Jacksonville,FL,32256 (Address) (Address) (Phone No.) (Phone No.) RETURN RECORDED DOCUMENT TO: City of Fort Worth Lake Worth Management Office 900 Monroe Street,Suit p ��++ ppp�� Fort Worth,Texas 761() 101t REV0RDAL CITY SECRETARY FORT WORTS. TX STATE OF § COUNTY OF ✓ § BEFORE ME, the undersigned authority,personally appeared (X) Kelly Livingston known to me to be the person(s) whose name(s)is/are subscribed to the foregoing Agreement,and who acknowledged to me that the document was read in its entirety and understood and was executed for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 201© BEAWDEM GILMORE *; MY Gp,1fiMISSION q DJ 792361 EXPIRES:May 28,2012 lr� .,of;�,•� Bor;ded Thru Notary Pubac Urderwrors 111 Notary Public (City of Fort Worth Use Only) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,personally appeared Fernando Costa Assistant City Manager , known to me to be the person and officer whose name is subscribed to the foregoing Agreement, and acknowledged to me that the same was the act of the City of Fort Worth, a home-rule corporation, and that he/she executed the document as the act of said corporation for the purposes and consideration expressed therein and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this avwday of �'rtcp�S 12010 EVONIA DANIELSZ4,W7 Ze My CO JMi SI�SPIRES Notary Public OFFICIAL RECORD CITY SECRETARY J FORT WORTH,RTH, X ATTEST: City Secretary ° o d� Ou° pc ¢ o 0 o ° 00000000°00 `,.C/ IVU M&C. l�iiC�EJIRED aaa� exams L OFFICIAL RECORD CITY SECRETARY =ORT WORTH, TX FORTWORTH INTEROFFICE MEMO TO: Lester England, Water Department FROM: Allison Tidwell, City Secretary's Office DATE: September 29, 2010 SUBJECT: ASSIGNMENT OF LEASE, OPTION, AND NON-EXCLUSIVE LICENSE AGREEMENT FOR LOT 6, BLOCK 15, ALSO KNOWN AS 7360 LOVE CIRCLE These documents are being forwarded to you for original signatures from Debra Fisher and Ronald Fisher. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 3 sets OFFICIAL RECORD CITY SECRETARY FORT WORTH, Tx FORTWORTH INTER OFFICE CORRESPONDENCE TO: Allison Tidwell DATE: September 29, 2010 Cc: FROM: Lester England, Lake Worth Coordinator SUBJECT: Lack of original signature The property at 7360 Love Circle that was a lease hold estate that was owned by Debra and Ronald Fisher was foreclosed on by the bank on May 8, 2006. Their signatures are not on the Lease Transfer because they are not available for signature. I have attached a copy of the Deed of Trust when the bank foreclosed on the Fishers. If you have any further questions or concerns, please contact me at 817/392-8366. OFFICIAL RECO►RC) CITY SECRETARY FORT WOPTH. k Electronically Recorded Tarrant County Texas Official Public Records 2006 May 22 11:20 AM t Fee 5 36.00 D206152817 20: "/26475 ,..,J Submitter ACS INC BorrowFTSIT>t Suzanne Henderson f ALAMO TITjj:. (,,OMPANY j Retum To: CCbTANY P . CX 2� Sit Otey 9 202 / [91%&"Ahovo This rine Far Recording DW] Jrf r r DEED OF TRUST � rf THIS DEED CftitU ("Sgeti lty Instrument)is made on the 8th day of May, 2006 The gmt-is DEBRA FT PRO FM'IA BY HER 1KJ58AN? RCN%La FISH172 \ ] ("Borrower'). The trustee is ALLAN B. KY svhoeo addreae is 8000 I. H. , 1600, San Antcn o, TX 78230-3892 ('rn "). The beneficiary is LCW BEAM which is organlzcd and existing under f the State of Delaware and whose address is 1400 South Uaglaze Rwd.' 5-u-i 100e im, CA 92806 (`Lender'). Borrower owes Lender the principal sum o F i6een n ouaand Four Hundred And M/100ths Dollars(4.5 1A,400.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("No1b"), for monthly payments,with the full debt,if=paid earlier,due and payable on Jtme 1, 2021 . o This Secmhy Instrument secures to Lender. (ay m of the d� by the Note,with interest,and all renewals, extensions and modifications of the Note:(b)the of all otluor s, interest,advanced under paragraph 7 to protect tiro security of this Security Instrument;and(c)tho of Bo s and agreetneurts under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants ta\Tntstee, in ttuoL with power of sale,the following described property located in T ARRANT ;T SEE El MIT 'A' ATIACIM HERETO HEREIN FOR ALL PLRPOSES I J which has the address of 7360 UJVE CIRCLE, FOR'P WRIE [�dl rl Texas 76135 I f [Zip Codal A 5 TOGETHER WITH all the impro mcRU now or havdtat orected on the y d semattts appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shalt also cov�this�Ocurity Instrument. All of the foregoing is referred to in this Socnrity Instrument as the Tropanty." Z BORROWER COVENANTS that Borrower is lawfully seised of the estate hcrei co the right to grant to convey the Property and that the Property is unencumbered,mccept for encumbrances of B and will defend generally the title to the Property against all claims and demands,subject to any encumbrances o THIS SECURITY INSTRUMENT combines uniform covenants for national use and -ttuif with limited variations by jurisdiction to conaHtito a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lmdor covonwA and agree as followm v 1. Payment of Principal and Interest; Prepayment and Lade Charge. Borrower shall hen due the principal of and interest our the debt evi lencod by the Note and any prcpaymcnt and late charges duo TEXAS-atngte F.may-uasoae Hiram.adk IDLs rnvmaM imnitumxwr �FICIAI AEC©R O `R°2°" 1'rir10-I.II0S Page 1 ars IF 911911 SECRETARY Rrr WORD, �2L, for Taus and Insurance. Subject to applicable law or to a written waiver by Lender,Borrower shell pay to Lender monthly payments are duo undcx the Note,until the Note is paid in U.a swim("Avnd8q f6r.(a)yurly taxes Mdw may attain priority over this Security Instrument as alien on the Property;(b)yearly leasehold payments or ground rents yefho P ,of any,(c)yearly hazard or property insurance premiums;(d)yearly flood insurance premiums,if any;(e)yearly in gr premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of para 8 h of the payment of mortgage insurance premiums. Tbeso items aro called"Escrow Item&" Lender may,at my co aro, ld Funds in an amount not to exceed the maximam amtr ormt a lender for n federally related mortgage loan may roq ' B s ow,account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U. C 2661 et seg. ('RESPA'),unless another law that applici to the Funds etas a 1eaor a mouth 1f so,Leader may,at my time,co ind d in an amount not to exceed the lessor amount. Lander may estimate the amount of Funds due on the basis of cuum to ' es of expenditures of fature Escrow Items or otherwise in accordance with applicable law. she in institution whose deposits arc insured by a Moral agency,instrumentality,or entity(including Lander,if is in or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Item& Lender may r and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,Unless r ' on the Funds and applicable law permits Lender to make such a charge. However, Londa may rNqu,"- to pa time charge for an independent real estate tax reporting service used by lander in Connection with tit' provides otherwise. Unless an agreement is made or applicable law relinires interest to be paid,Lender she 6 be Borrower any interest or earnings on the Fund& Borrower and Lander may agree in writing howevor,that a on the Fund& lender shall give to Borrower,without charge,an annual accounting of the Funds,showing credits to Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all Security Instrument If the Funds held amounts permitted to be held by applicable law,Lender shall account to Borrower for the excess Funds in accordance th of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the I?acrow I andt;6 rBW OM BOM in Costing,and,in auch cm Borrow shall pay to Lender the amount necessary to t 'Borrower shall make up the deficiency in no mora than twelve monthly payments,at Lender's solo Upon psymcm in full of s;du-d this Security Instrument Lender shall promptly reflmd to Borrower any Funds hold by Lender. Ii; under paragraph 2 acquire or sell the Property,Lander,prior to the acquisition or sale of the Property,shall apply any Funds held at ti of acquisition or sale as a credit against the sums sound by this Security I Applicadon of Payments. Un 1 0otherwise,all payments received by Louder under paragraphs 1 and 2 shall be applied:first,to any prc�a c u t)nc Note;second,to amanita payable under paragraph 2;third to interest due;fourth,to principal due;and Is ,to late ander the Nota 4. Charges;Yens. Borrower shall a charges,fines and impositions atmbutablo to the Properly which may attain priority over this Security Info bold payments or ground rents,if any. Borrower shall pay these obligations in the manner provided in paragraph ,or if 't paid m that ,Borrower shall pay them on time directly to the parson owed payment Borrower shall promptly Lender all amounts to be paid under this parsgtxph. If Borrower makes these payments directly,Borrower shall pro y furnish to evidencing the payments. Borrower shall promptly discharge any lien w"has odty Seauity Instrument unless 13MMiVCV(a)&ghee m writing to the payment of the obligation secured by the lien ink tab to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceeding whi ifr the s opinion operate to prevent rite enforcement of the lies;or(c)secures from the holder of the lien an a s subordinating the lien to this Security Instrument If Lender determines that arty part of the Property is subject a 1w ' attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower tl u$tilieri or take one or mora of the actions set forth above within 10 days of the giving of the notice. ti S. Ili Cod or Property Imaranee. Bormwa shell kmfg now tutiating or h lxtlk d on ft - Property insured against loss by fire,hazards included within the t�a go'and any other hazards,including floods or flooding,for which Lender required insurance, This insurance steal]bedo the amounts and for the periods that Lander requires. Tho irnsmrance carrier providing the insurance shell be to Lender s approval which shall not be unreasonably withhold. If Borrower falls to maintain coveragedarer' Zander mgy,at Undoes option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender a standard mortgagee clause. Lender Shall tenure runt r1&to hold the policies and renewals. If Lender requires,B shafh� give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give p n to lhocarrier and Under. Leander may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceed to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's is le If the restoration or repair is not econemically,feasible or laude's security would be lossened,tbo insurance Shan to the sums secured by this Security Iastrament,whether or not these due,with any excess paid to Borrower. the Property,or does not answer within 30 days a notice from Lender that the insutmrco carrier has offered Lender may collect the insurance proceeds. Leader may use the prneeo&to repair 6f reds 0 the Prmoperty of to ea u1°gd by Sordidly Instrulnetlt, whether or not then due. Tho 30-day period will begin when the notice is given. j Unless Leader and Borrower otherwise agree in writing,any apphcxdon of p extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amoumt o ts. under paragraph 21 the Property is acquired by Larder,Borrower's right to any insurance policies and proceeds m go to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security prior to the acquisition 1 6: Ocenpaneyr Present lion,MWn tmatw Anil Prion of the Propertyt Borrower' pI I casehmlds Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty a on of this Security Indrurnent and shall continue to occupy the Property as Borrower's principal residence for at the date of occupancy, oulesa Lander otherwise agrees in writing, which consent shall not be unreasonably wi circumstances exist which are beyond Borrower's control. Bomower shall not destroy,damage or r the /^� �y Property to deteriorate or commit waste on the Properly. Borrower shall be in default if any forfeiture actionnr , w `��F�CIAL RECORD civil or crinin !,is begun that in Loader's good faith Judgment could roolt in forfeiture of the Property or the lies created by this Security Instrmnent or Londea's security interest Borrower may earn such a do SECRETARY P9d70.2l7Q5 Perp 2 of 5 Onf9a RT WORTH 7 TX _ ragraplt]8.b causing the action or proceedi ng to be dismissed with a ruling that,in Lender's good faith determination, prec r cr�e}wrc of the Borrower's interest in the Property or other material impairment of tiro lie$ctMM by ftSoaltlty let U L)ndea's security interest- Borrower shall also be in default if Borrower, during the loan application process, gave fnamrate information or statements to Gender(or failed to provide lander with any matmial information) in c� loan,evidenced by the Note,including,but not limited to,representations concor®ng Borrower's occupancy of thq Prgpektyaa a residence If this Security Instrument is on a leasehold,Borrower shall ammply with all the provisions of t`hellc�so"-Tf Be r acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the 1 ` tin der's Flights in till:Property. If B ower fails to peaftlrm tiro eovumm anti agTt is couWnsd in this there is a legal proceeding that might significantly atfcct L.mndex's rights in the Property (such as a proceeding n n condemnation or forfeiture or to enforce laws or regulations),then Land«may do and pay for whatever is to the ua of the Property and L.cndc&rights in the Property, Lender's actions may include paying any sums by w 84hiarity over this Security Instrument,appearing in court,paying reasonable allomeys'foes and anteing on the make gh Lender may take action under this paragraph 7,Lender does not have to do so. Any under this paragraph 7 shall become additional debt of Borrower secured by this Security Inamulcu . li wer 5r. tFce to other terms of paymont, these amounts shall bear interest from the date of disinu sement at them rel to with interest,upon notice from Lender to Borrower requesting payment & Mortgage I it rn� fcgnn'""required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower ti(rall rite tarty required to maintain the mortgage insurance in effect If,for any reason,the mortgage insurance coverage req i byfi oada fgpses or 000ses to be in effect,Borrower shall pay the premiums required to obtain coverage substantially oquivalcnl to tI previously in dFoct,at a cost.substantially equivalent to the cost to Bormwc-r of the mortgage fnanartce previ ly from, alternate mortgage insurer approved by Leader. If subetaroially equivalent mortgage insurance coverage is not BQz a hall pay to Leader each month a sum equal to onc-twelfth of the yearly mortgage insurance premium being paid b tomer the m coverage lapsed or eased to be in of aM Lender will d000 t,use and retain these payments as a loss liet�gf ge'ruenrancc. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance (in tl and for the period that Lander roquum)provided by an insurer approved by Lender again becomes available B war shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve,until the merit ortgage insurance ends in accordance with any written agrooment between Borrower and Lender or applicable law / � Y. Invection. Lender or its Omani le entries upon and inspections of the Property. Lender shall give Borrower notion;at t110 time Of or prior to an ng onable cause for the inspection_ 10. Condemnation. The pro s off`ait�r a or p - or damages,direct or consaquential,in connection with any condemnation or other taking of any part of Ll}rtiperty fp ft eyance in lieu of condemnation aro hereby assigned and shall be paid to Lender. 11In the event of a total Irtking� Trope the proceeds shall be applied to the soros secured by this Security instrument,whether or not then due,with artypaid tb Borrower. Iq{he event of a partial taking of the Property in which the fair market value of the Property immediately be taking is greater than the amount of the sums secured by this Security Instrument immediately before the taking, esu Borrower d otherwise agree in writing,the stuns secured by this Security Instrument shall be reduced by the amount of the pr mul' ed the followlhg fracdon:(a)the total arritntill of the sums secured immediately before the taking,dtwdod by(b)the ar et no the Property immediately before the taking- Any balance shall be paid to Borrower. In tho event of a p { of in which the fair market value of the Property immediately before the taking is less than the amosrra of seely before the taking unless Borrower and Lender otherwise agree in writing or unless applicable law pr�vi3es t po'rocceds shall be applied to the sums secured by this Security Instrument whether or not the stuns aro then due. %, If the Property Is abandoned by Borrower,or if,after Borrower that the condemnor offers W make an award to Bottle a claim for damagm,Borrower flllli to rmpond to 1n�30 yB alter the date Lo ngtlw is given,Lender is authorized to collect and apply the proceeds,at its option,either to I on r 1' of the Property or to the sums secured by this Security instrument,whether or not then due Unless L.eador and Bormwer otherwise agree in wdling,any Itoation prseaeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs l and 2 Noe of such payments. It Ron-ower Not Released;Forbearance By Lender Not a W ' on of the time for payment or modification of amarti7ation of the teems secured by this Security Instrument granted by to a in interest of Borrower shall not operate to release the liability of the original Borrower or any Borrower's rs hk; Lander shall not be required to oommence proceedings against any successor in intcxest or roflrse to mdend a for ' modify smordntion of the sums secured by this Security Instnmtert by reason of any demand made by t or any BonDwes successors in {mercer. Any forbearance by Lander in exorcising any right or remaly shall not be a f gregludc the exercise of any right or remedy. 12. Succemrs and Anitpu Bound;Joint and Several llrrbility; Co-4gn4'1. � and agreements of this Security InsIntmmt shall bled and bcaeil the successors and assigns of Lander and Bow . to provisions of paragraph 17. Borrowor'6 Covenants and agreements shall be joint and several. Any Borrower w this y Instrument but does net oicel tho Note: (a)is til-signing this Security Inmument only to tnortgagc, war's intrust to tbo Property ander the terms of this Security Instnnmere; (b) is not pacsonally obligated pay l� by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to odend,much or accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's Consrnd } 13, Loan Charges. If the loan secured by this Security Instrument is subject to ala w loan chstgM and that law is finally interpreted so that rho Wemst or other loan charges coliectod or to bo a to with the lose exceed the permitted limits,then: (a)any such loan diarge shall be reduced by the amount noco�ary ti-1h to the permitiod limit,and(b)any dons already collected from Borrower which exceeded permitted lienBorrower. Lender may choose to male this rdbnd by reducing ttw principal owed ander the Note or by making a to Amrower. if a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment the W 14. Notice L Any notice to Borrower providad for in this Security Instrument shall be given b i it„ar it by first class mail unless applicable law requires use of another method. The notice shall be directed to P or arty other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class s e6#m /1 stated herein or an other address Lender designates by notice to Borrower. Any notice provided for in this IPS 1 'P ILIAL RECORD be deemed to haw been gives to Borrower or Leader when given as provided in this paragraph. SECRETARY P&42&-?.1205 Pap 3ofS tJ 4Q7/Aa' .IRT WORTH. TY I 15 (.ovcrning Law^,Sevcrabfiity. This Swurity Instrument shall be governed by federal law and the law of the jurisdiction in whi �y is located In the event that any provision or clause of Urs a 10w, conflict shall not affect other tY Inte which or dee given effect ctets holt provisions of this Security instrument ux tiro Nolo which can be given effect without ding on. To this end the previsions of this Security Instrument and the Note aro declared to be severable. 1 en's Copy. Borrower shall be given ono conformed copy of the Note and of this Security Instroment. 7. er of the Property or a Beaeficial Interest In Borrower. [fail or arty part of rho Property or any interest in it is sold r fen (or if a beacdlcial interest in Borrower is said or transfcned and Borrower is not a natural person)without bender's prior tier may,at its option require immediate payment in fall of all sums secured by this Security rnmnmvmt Ho r„ ' Option 1 not be exorcisod by Len tlor if exercieo is prohib=d by Moral law as of the date of ON Soc mly I if this n Lender shall give Borrower notice of acceleration The notiw shall provide.a period of not leas than 3 da In tine is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. Bur to sums prior to the expiration of this period,t.cnder may invoke any remodies pmmntbed by this Security I cc or demand on Borrower. 1& Bo cc's. te, If Borrower meds certain conditions, Borrower shall have the right to havo enforcement of tit Segtrt�ty I meed at any time prior to the earlier of.(a)5 days(or such other period as applicablo law may specify fo m ) 1 of the Proporty pursuant to any power of sale contained in this Security Instrument;or (b)entry of a judgment ti ` strument Those conditions are that Botmwor:(a)pays Lendor all soma which then would be due under and the Note as if no acceleration had occurred; (b)cues any default of any other covonants or a all a incurred in enforcing this Security Instmnurnt,including,but not Mod to,reasonable attorneys'fens of 15.00%of Suras the Note described above or the amount allowable under applicable state law;and(d) takes such action as nobly re vire to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation pay by this Security Instrument,shall continue unchanged. Upon reinatatemeat by Borrower,this Seexriiy I theotred htxeby&hall remain fully eff the u if no acceleration had occarred. However,this right to reinstate pp int tucceleration under paragraph 17. 19. Sale of Note; C ger an AThe Note or a partial intoes[in the Note (together with this Security ens r„m_"ent)may be sold one Or me or .notico to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer')that collocts mo under the Note and this Security Instrument Thee also may be one or more changes of the Loan Ser Acor unrelated a sats of No If there is a c]tango of the Loam Servicer,Borrower will be given written notice of the change in accordance with p �apk 14 applicable law. The notice will state the mute and address of the now LOU SGlvitxr and the address to wbidt is_. t tnadc,�The notice will also contain any other Inforumbon required by applicable law. 1/1 20. Hazardoue Substances. Bo 1 At pare permit the preseaco,use, disposal, storage, or release of any Hazardous Substances on or in the Property. if not true allow anyone elae to do,anything affecting the Property that is In violation of any Environmental Law. The two ces shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances regio to be appropriate to normal residential uses and to maintenance of tho Property. �^ Borrower shall promptly give Lender wri notice of a 4.= n, claim,demand, lawsnrit or other action by any governmental or regulatory agency or private party involving thfr and Ilazardow S-ubdance or EmRfutsnmW Law of which Borrower has actual knowledge. If Borrower learns, is n by governmental or regulatory authority, that any rvmmW or other romediation of any Hazandoms b�bstatn er the is necessary, Borrower shall promptly talo all nocessary remedial actions in accordancewith Environ As used in this paragraph 20,"Havardoms Subs ar ¢ aces defined as tmdc or hmndoas substances by Environmental al Law and the following substances:gasoline req o ,Bau ua able or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos anll,radioadive materials. As used in this paragraph 70,"Environmental Law"means Wad laws and laws of the j wt}sceeZad oriy is lotatcd Utat rW&to health,safety or environmental protection"NON-CJNIl70RM I�VENANTS. Borrowver and Lender t veal ree as fnllowe: 21, Acceleration;Remedies. Lender shall give notice to craccderatlon following Borrower's breach of any covenant or agreement in this Security Instrument(but not ptiocte' icleratlon under paragraph 17 unless applicable law provides otherwise). The notice shat!specify: (a)the default;(b)th acts ud to care the default;(c)a date,not leas than 30 days t'rnm the date the notice is given to Borrower,by which emit to be cored;and(d)that fallum to curt the default on or before the date specified in the notice will rtaolt ' a eras sums secured by this Security Instrument and sale of the Property. The notice shall farther inform Bo er the 0 t reinstate after accleration and the right to bring a court action to assert the non-existence of a default or efenpeof Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, der.att' tion may require immediate payment in full of all woes secured by this Security Instrument without farttwr apdma invoke the power of sale and any other remedies permitted by applicable law. Lender Shan be entitled to incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonab regi s 15.00%of the sunrs due under this Note described above or the amount allowable under applicable state l neo!_ of deuce. If L,-n&.t liw&es the power of sale,Tender or TmFW ehall give notim oftb t11 pl - d ruts of ole by ptutblg and recording the notice at least 21 days prior to sate u provided by applicable law. ? d To a copy of the notice to Borrower In the manner pnm"Med by applicable law. Sale sb&R be made at public ven tern the of 10 a.m.and 4 p.m.on the first Tuesday of the month. Borrower authoriaa Trustee to sell the Property b' bi for cash in one or more parent and in any order Trustee determines. Lander or its designee may purcha p ty any sale. Trustee shall deliver to the purchaser Trustee's deed conveying Indefeasible title to covenants of Central warranty. Borrower covenants and agrees to defend generally the purchaser's doe the all cbdms and dcmandi, The rcCl*hi the Trustee's dotal shall be prima fade cvidmoe of the truth therein. Tradee shall apply the proceeds of the sale in the following order:(a)to all expenses of the sale, } n limited to, reasonable Trustee's and attorneys'fen of 1D0%of the ems due under the Note described ab t able under applicable state law;(b)to all sums secured by this Security Iostruramt;and(c)any to r no legally endued to it. /' If the Property is add pursuant to this paragraph 21,Borrower or any person holding po ilio n of FICIAL RECORD through Borrower shall immediately surrender possession of the Property to rite purchaser at treat not surrendered,Borrower or such person shall be a truant at sufferance and may be removed by writ of { - SECS IETARY 'ti�(f�.4 `� WORTH. PBA704.1705 Pie 4 of 5 oR n3//9! ] 1 RT WOill � ' �I. TX /l tiff f 2 G Upon payment of all sums secured by this Soc w ity Instrument,Lander shall release this Security Instrument Borrow, any recordation costa Leder may charge Borrower a foe for releasing this Security Inemu mit,bot only if the fee his to rty for services rendered and the clnrging of the fee is permitted under applicable taw. 3. to Trustee. Leader,at its option and with or without cause,may from time to time remove Trustee and appoint, by pdwcr.or ion or oWerwise,a saccomor trastco to arty Trustee appointed hereunder. Without conveyance of the Property,the succeed to all title,power and duties conferred upon Trustee herein and by applicable law. Su don. Any of the proceeds of the Note used to take up outstanding liens against all or any part of the Property have nder at Borrower's request and upon Borrower's representation that such amounts aro due and aro secured by g8inst they . Lmder shell bo subrogated to any and all dgbis, aprior UUes,liens end cquiU w owned or clsinrod o r r lder of any outstanding liens and debts,regardlrss of whether said liens or debts are acquired by Lender by assignment r a the thereof upon payment. P in In wont any portion of the sums intended to be secured by this Socority Instrument cannot be lawftdly s-*edh , nation of such sums shall be applied Brat to those portions not secured hereby. 26. r othce�f on to Aceelemte. Harrower waithe right to notice of intention to require immodiste payment in full of ruwaives the this ity Instrument except as providod in paragraph 21. 27. Rid s to B Sc'Rarity t. If one ore more riders arc executed by Borrower and rocorded together with this Security Instnncra trc 4a < of each such rider shall be incorporated into and shall amend and sopplemont the covenants and agreente is of t� ment as if the rider(s)were a part of this Security Instrurnem Icheck appticablc box(es)]. �/ 11bl�dtatc u ❑ Condorninitan Rider ❑ 1-0 Family Rider ❑ Graduodd Pa Pidqr ❑ Planned Unit Dmlopmcnt Rider ❑ Biweekly Payment Rider ❑ Bailoo R' \l ❑ Rate Improvemcnt Rid., ❑ Second Home Rider ❑ Otlrcr(s sp 2& Purchsee Money; en i's I ea-6en and 19xim ion. [Cbm*to As approprii te] The Note secured ] ; the Vendor's Lien retained in the Deed dated or effective the same date as this Security t ch is Lien has been assigned to Lender, this Security Instnmtent a Tonal, security therefor. BY SIGNING BELOW,Bo a�,es to the terms and covenants contained in this Security Instntment and in 'de*)oxmu by Borrower and (Seal) EEERA FISHER l' r FISHER -Borrower V~ Seal) (Seal) /f -Harrower ( ) (tel) -Borro -Borrower r (see) (Seal) -Borrower s •Borrowor [apace Bdow'Ihix Lina Fm Adcoowlposrns State ofT'E7cf+S g ff Comfy of 3 'Ibis instrument was admowledgod before me on the t day of( //f by DEBRA FISHER and I LD FISHM 1 ff �j�,,y HornyPubtc `i . ^TA7EOF7FXAS .. a wnrnar� .uz tt 009 Notary Public _(Printed Naruc) t My commission expires: t OFFICIAL RECORD , ( SECRETARY P7L170-3.1705 E`ego S of 3 ORT WORTH, TQC GF No. 06-2802756 EXHIBIT "A" e old Estate, created in Lease Agreement dated May 6, 2982, by and between the City o o Wo s Lessor, and Myrtle Du Long, Lessee, recorded in Volume 7290, Page 525, ae rds, arrant County, Texas; together with Assignment to Lester L. Self, dated t bar 7, and recorded in Volume 12911, Page 294, Real Property Records,Tarrant my quently assigned to James D. Evans and Jeannette DeVader recorded in of e 1 490 P g 483, Real Property Records, Tarrant County, Texas. oFFic v cmr : 1:OST