Travis County Deed Records: Deed Record 604 - Deeds of Trust Page: 21
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21
to said covenantor (such notice being hereby expressly waived), that the principal sum here-
as he shall be requested by such legal holder so to do, shall sell the above granted pro™
W-
11
i
quired by the statute in such ease made and provided.
In case of such sale said Trustee shall execute a deed to the purchaser, his heirs
or assigns.
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in Trust, may bid, and become the purchaser of said premises.
the payment of all necessary expenses of executing this trust and of such sale, including a
reasonable commission, but not exceeding five per cent, of the gross proceeds of said sale,
to said Trustee for his services; also expenses of any litigation which may arise on account
of the execution and enforcement of this trust; second, to the payment and satisfaction of
paid to the said covenantor.
or otherwise.
re
a
or as to the time, place and terms
or as to any other preliminary
a’
to accelerate
tained in said
and without further questioning shall be accepted
heirs and assigns.
respects as are granted by this deed to said Trustee, and the title herein conveyed to said
the maturity of the principal nor the exercise of any option whatsoever con-
note or in this deed of trust, nor the arising of any contingency whatsoever,
as such by the grantors herein and their
citals therein made as to non-payment of the money secured,
of sale, and property to be sold having been duly published,
all indebtedness hereby secured then remaining unpaid; third, the residue, if any, to be
unpaid, such balance shall be at once due and payable, and subject to collection by suit
antor, then in either of such cases the legal holder of said note may elect, without notice
At any such sale the legal holder of said notes, said Trustee, or his successor
note may appoint a successor to said Trustee to execute this trust, with like powers in all
by secured, with the interest accrued thereon, and all other sums hereby secured, shall be
Ninth. The proceeds of any such sale shall be applied by said Trustee; First, to
Tenth. In case of the death or resignation of said Trustee, or his inability or
refusal to act at any time when action hereunder may be required, the legal holder of said
perty at public auction, after having given notice of the time and place of such sale as re
Trustee, as aforesaid, shall thereupon become vested in such successor. Such appointment
shall be in writing and shall be filed for record in the same office where this deed is re-
if, after so applying such proceeds, any portion of such indebtedness shall remain
act or thing having been duly done by such Trustee, shall be taken by any and all Courts of
Law and Equity as prima facie evidence that the said statements or recitals do state facts,
Eighth. In case of default in the payment of the principal or interest, as afore-
at once due and payable, and said Trustee, or his successor in trust, as soon thereafter
Twelfth. It is also understood and agreed between the parties hereto, that no a-
greements, conditions or stipulations contained in this deed of trust, or the note secured
hereby, nor any default by the grantors nor the exercise by the beneficiary of the right
said, or of a breach of any of the covenants herein contained to be performed by said coven-
gistered. If the holder of said note be a corporation, such appointment may be made by the
officer or officers thereof empowered by its by-laws to execute conveyances of real estate.
Such power of appointment of a successor trustee shall not be exhausted by the appointment
of a successor under the provisions hereof, but the right to appoint an additional successor
or substitute trustee shall exist so long as there is necessity for such an appointment.
Eleventh. And it is further specially agreed by the parties hereto, that in any
deed or deeds given by any Trustee hereunder, any and all statements of facts or other re-
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Travis County (Tex.). Clerk's Office. Travis County Deed Records: Deed Record 604 - Deeds of Trust, book, 1938-12/1939-03; (https://texashistory.unt.edu/ark:/67531/metapth1564405/m1/27/?q=%221939-03%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Travis County Clerk’s Office.