Travis County Deed Records: Deed Record 604 - Deeds of Trust Page: 3
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is expressly agreed that the recitals in the conveyance to the purchaser shall be full
substitute may be named, constituted and appointed by the said Party of the Third Part
to the purchaser shall be equally valid and effective; and such right to appoint a
successor and substitute trustee shall exist as often and whenever,
from any of said causes,
such sale, being the highest bidder.
Party of the First Part hereby covenants and agrees to deliver the property herein
its
E.P. Knebel
THE SIATE OF TEAS
COUNTY OF TRAVIS
(Notary Seal)
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THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
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herein, or other holder of said indebtedness, without other formality than an appointment
him on demand, shall be entitled to institute and maintain the statutory action of forcible
detainer and for rents and to procure a writ of possession thereunder.
ure sale, and such purchaser, upon such refusal to surrender possession of said property to
and said sale shall forever be a perpetual bar against the said Party of the First Part,
Given under my hand and seal of office this the 22 day of November, A. D. 1938.
lic-
Before me, the undersigned authority, on this day personally
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Recorded Dec. 12, 1938 at 3:30 P. M.
appeared E. P. Knebel, a bachelor, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the pur-
poses and consideration therein expressed.
and designation in writing; and this conveyance shall vest in him, as trustee, the estate
and title in all said premises, and he shall thereupon hold, possess and execute all the
unpaid on said indebtedness, as hereinbefore set forth, rendering the balance of the pur-
refusal or disqualification of the trustee herein named to act, a successor and
Filed for Record Dec. 9, 1938 at 9:30 A. M.
title, rights, powers and duties herein conferred on said trustee named, and his conveyance
evidence of the truth of the matters therein stated, and all prerequisites to said sale
acting shall pay, first, all the expenses of advertising, sale and conveyance, including a
or other holder thereof, the full amount of principal, interest and attorney’s fees due and
herein, and his or their assigns; and out of the money arising from such sale, the trustee
his or their heirs and assigns, and all the other persons claiming under any of them. It
and at the place of sale, and further agrees that should delivery be not so made, the titl
and right of possession to said property shall pass to the purchaser at said sale, as fully
as if the same had been actually andpresently delivered to said purchaser and Party of
the First Part shall thereupon become the tenant at will of the purchaser at such foreclos-
in considerationof the sum of One Dollar in hand paid to the parties of the first part, by
any trustee, original or substitute, cannot or will not act. The Party of the Third Part,
or other holderof said indebtedness, shall have equal rigtits to become the purchaser at
Witness my hand at Austin, Texas,
$18.40 State Note Stamps Can.
mentioned, in the event it is sold under this deed of trust, to the purchaser on the day
chase money, if any, to the said Party of the First Part, his or their heirs or assigns;
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shall be presumed to have been performed. In case of the absence, death, inability,
commission of five per cent., to himself, and then pay to said Party of the Third Part,
That we, Daniel F. Smith and wife, Viola Smith, of Travis County, Texas, hereinafter
styled parties of the first part, (and considered in the plural sense whether one or more)
this the 22nd day of November, A. D. 1938.
D.D. Johnson
Notary Public in and for Travis County, Texas.
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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/m1/9/?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.