Travis County Deed Records: Deed Record 604 - Deeds of Trust Page: 68
This book is part of the collection entitled: Travis County Clerk Records and was provided to The Portal to Texas History by the Travis County Clerk’s Office.
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amounts are due and are secured by valid liens against the above described
Prudential Insurance Company of America, or other holder of the said note,
subrogated to any and all rights, superior titles, liens and equities owned
i the first day of July, 1938, and
being for the principal sum of $6,000.00, with interest thereon at the
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The note secured hereby is given in renewal and extension to the extent of the
unpaid balance of principal and accrued interest owing on two certain promissory notes
dated February 24, 1938, executed by A. M. Felts and wife, Ilene Felts, payable tp the
order of H. C. Weise and C. A. Weise and being described as follows:
Note No. 1, being for the principal sum of $7,046.00, with interest thereon at the
rate of 7% per annum, principal and interest payable in monthly installments of $115.00
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any owner or holder of said outstanding liens, charges and indebtedness, however remote,
regardless of whether said liens, charges and indebtedness are acquired by The Prudential
Insurance Company of America, by assignment or are released by the holder thereof upon
payment.
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rate of 77 per annum, principal of said note being payable on February 24, 1944, said
notes being set out and more fully described in a Mechanic’s Lien Contract of even date
therewith, executed by and between A. M. Felts and wife, Ilene Felts and H. C. Weise
and C. A. Weise, partners doing business under the firm name of Weise Bros, which
Contract is recorded in Vol. 566, pages 434, 436 of the Travis County Mechanic’s Lien
Records; and each of the grantors herein state that the lien of said Mechanic’s Lien
Contract was fixed and established fully in the manner and within the time provided by lav
It is understood and agreed that the proceeds of the aforesaid note to the extent I
that the same are utilized to take up any outstanding liens and charges against the lands I
described herein, or any portion thereof, have been advanced by The Prudential Insurance I
Company of America at grantors’ request and upon grantors’ representation that such
unpaid after maturity bearing interest at the rate of eight per centum per annum, payable
annually, said note further providing for the payment of attorney's fees in a sum equal
to ten per cent, of the amount due thereunder and under the terms of this deed of trust
if placed in the hands of an attorney for collection or to be proved, established or
collected in any court.
Ana as additional security for the payment of the indebtedness described herein
the grantors do hereby sell, assign and transfer unto the said The Prudential Insurance
Company of America the uses and profits of the said land, all unsevered crops or grantors'
interest therein, and all rents and royalties accrued or to accrue under all oil gas
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mineral, agricultural or other leases or rental agreements concerning said land and
improvements thereon, and direct any lessee, tenant, statutory trustee or other person I
in possession thereof to pay and deliver the same to the Company to be applied upon any I
delinquency in the performance of the terms of said note or Deed of Trust; provided, that
so long as the conditions of this Deed shall be faithfully performed, the grantors, their i
heirs and assigns, shall retain possession of the premises hereby conveyed, and shall I
be entitled to appropriate for their own use all the rents, income and profits derived
therefrom. It is the intention of the parties hereto to create a severance of all of such
rents, profits and royalties upon a condition subsequent, to-wit, the default or defaults '
in the performance of the terms of this Deed of Trust or the note secured hereby, and j
upon such default being made, the right to such rents, profits and royalties, including
all unsevered crops whether in being at the time of the default or not, shall immediately |
vest in the Company without further notice. Such right shall terminate upon satisfaction,I
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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/m1/74/?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.