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HomeMy WebLinkAboutResolution - 106 - Correction Instrument - H.C. Hobbs - Portion Lot 10 Block E, Butler Estates Add - 03/22/1979LGB;hw RESO. 106 (3/22/79) t �. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a correction instrument removing cloud of title held by the City on the West 50' of Lot 10 Block E, Butler Estates Addition to the City of Lubbock, Texas, attached here- with which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of March ,1979. DIRK W , MAYOR ATTEST lyn Ga ga, City c e y -Treasurer APPROVED AS TO FORM: Leon G. Bean, Asst. City Attorney TIED TO RESO. X106 (3/22/79) THE STATE OF TEXAS § CORRECTION INSTRUMENT COUNTY OF LUBBOCK WHEREAS, the City of Lubbock, a Home Rule municipality in the County of Lubbock, State of Texas, is the holder of a Builder's and Mechanic's Lien Contract executed by HARVEY C. HOBBS et ux MARY ELLEN to BILL CAFFEY,.found in Vol. 166, Page 577, of the Lubbock County Mechanic's Lien Records and transferred to the City of Lubbock by an instrument found in Vol. 1566, Page 117, of the Lubbock County Deed Records and also is the holder of a Deed of Trust found -in -Vol 680, Page, 632, of the Lubbock County Deed of Trust Records and executed by HARVEY C. HOBBS et ux MARY ELLEN to TREVA PHILLIPS as Trustee for the City of Lubbock; and WHEREAS, all three of the above -referenced instruments describe a certain premises described as being the West one-half of Lot 9, all of Lot 10, Block E, Butler Estates Addition to the City of Lubbock, Lubbock County, Texas and whereas the said HARVEY C. HOBBS et ux MARY ELLEN did not and do not own the West 50 feet of said Lot 10, and did by error include that portion in those instruments; and WHEREAS, the City of Lubbock recognizes that it has no basis for the claims against the West 50 feet of said Lot 10 arising from the above -referenced instruments: NOW THEREFORE, in consideration thereof, the City of Lubbock, by and through its Mayor, has this day and does by these presents release, discharge and quitclaim that portion of the lien and deed of trust heretofore existing on the West 50 feet of Lot 10, Block E, Butler Estates Addition to the City of Lubbock, Lubbock County, Texas, and declare that portion of the lien and deed of trust fully released and cancelled. The remainder of said lien and deed of trust shall continue in force and effect. WITNESS MY HAND, this the 22nd APPROVED AS TO CONTENT: ..7 BY: H.O. ALDERSON Director of Urban Renewal Agency APPROVED AS TO FORM: ON BEAN, ASSISTANT CITY ATTORNEY THE STATE OF TEXAS COUNTY OF LUBBOCK day of March CITY OF LUBBOCK "R�"07� BY: WEST, MAYOR ,1979. BEFORE ME, the undersigned authority, a Notary Public in and - for said County, Texas, on this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same in the capacity therein stated and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,1979. KotaryVPublic, Lubbobk Cbunty, Texas My Commission ExpiressS�e o�Q i LUBBOCK ABSTRACT & TITLE COMPANY 7004 INDIANA AVENUE LUBBOCK, TEXAS 79413 (806) 792-2753 February 23, 1979 Leon Bean Assistant City Attorney City of Lubbock 208 City Hall Re: West 50' of Lot Ten (10), Block'E, Butler Estates Addition to the City of Lubbock Dear Mr. Bean: The above mentioned legal description has a lien filed, Volume 680, Page 632, shown against it in error. As I indicated on the phone, the deed of trust referenced (680-632) was filed securing a $4,707.00 Mechanics Lien from Harvey C. Hobbs on the West half.of Lot 9, All of Lot 10, Block E, Butler Estates Addition. Mr. Hobbs did not own the West 50' of Lot 10 at the time of this Deed of Trust. We are requesting a partial release of the West 50' Of Lot 10, Block E, Butler Estates to correct this error. Thank you in advance for your cooperation. Please feel free to call if you have any questions. Sincerely, Steve Shanklin J. ` Urban'Re Vewal Agency, P.O. Box 10336. Lubbock, Texas $3.00 chs T R A N S F E R O F L I E N 8:�i�A243 THE STATE OF TEXAS X KNOW ALL MEN BY TFIrSE PRESENTS: COUNTY OF LUBBOCK X THAT the undersigned,- of the County of Lubbock, and the State of Texas, the present legal and equitable owner and holder of that one certain promissory note in the original principal_sum of FOUR THOUSAND SEVEN HUNDRED AND SEVEN AND Nq(10jL --- DOLLARS ($,707.00 ), dated SEPTEMBER 23 1� 977 �, executed by HARVEY C. HOBBS ET UX MARY ELLEN • payable to the order of BILL CAFFEY more fully described in a Builder's & Mechanic's Lien Contract, duly recorded in Vol. page of the Mechanic's; Lien Records oC Lubbock County, Texas; said note being secured by a Builder's and Mechanic's Lien against the follow - Ing described property, to -wit: W. 1/2 of Lot 9, all of Lot 10, Block•E, Butler Estates Addition to the City of Lubbock, Lubbock County, Texas for a good and valuaVle consideration paid to the undersigned, the receipt and suffi- ciency of which is hereby acknowledged, has TRANSFERRED and ASSIGNED, GRANTED and CONVEYED and by these presents TRANSFERS, ASSIGNS, GRANTS and CONVEYS unto THE CITY OF•LUBBOCK, Lubbock County, Texas; the above described note, together with all liens. and any superior title, held by the undersigned securing the payment thereof. There remains unpaid Ripon said note the principal sum of FOUR THOUSAND SEVEN HUNDRED , AND SEVEN AND NO/100----------DOLLARS ($ 4,707.00 ). EXECUTED this 23rd day -of September 19 77 . Ca ey THr. S'rATE OF TEXAS X , COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, on this day personally appeared -Bill Caffey known to We' to be the person whose name is subscribed ,to the foregoing instrument, and acknowlerlbed tome that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER'MY HAND AND.SEAL OF OrflCE on this the 23rd day of September . A.D. 19 77 r lie SEAL 1 •' / I t� . _L��Jt CSU NOTARY PUBLIC in and or Lubbock County. Texas r ' VOL16U6 PACER " a1A�E of rExns :VOL -Levu rA6t.uu ' COUNTY OF LUBBOCK FILES 10 fj wMN IMI ws 1po ffwl was ply r b ��t� � N lir qM •--p-d tr.wn ►Y W. end ar daN^ i IUCODDW In IM Ydww and hr -1 IM 1tK0" �% Q SEB 1 10 �9 AH' t {J kv►i.d LwY: y_ M a—p d M•»- by ws. FEB 2 1978 / � 0 kW Rpt, � • `-�� "_�•� - - � JJ Uri= mm 29884 cCOZOE`. HE STATE OF TEXAS X Ea BUILUE.R'S b MECHANIC'S UrN CO TRACT - ��;U.?At£'�COU�11' ' OF THIS CO`TFv1CT made and entered into by and between ET UX MARY ELLEN hereinafter called Owners (whether one or rore), and HARVEY C. HOBBS BILL CAFFEY hereinafter called Contractor (whether one or more), all of County, Texas, W I T N E S S E T H: Lubbock Contractor hereby contracts and agrees to build, construct and complete, in•a good and workmanlike manner, :according to the plans and specifications agreed upon by Parties - hcreto, and to furnish and provide all labor and material to be used to paint exterior trim and walls; replace roof (1/2); replace hardware; replace doors 'install parking slab; paint aTI interior wa s, cet tng, trim; panel living room, bedroom; replace countertop; insulate; remove dead tree; i nstall vent -a- o ; repair all e ectrical and p]Vm tng systems to code. for Owners to be situated upon the following described premises, which premises Owners hereby state. they own in fee simple, free and clear of any liens and encumbrances re- corded or unrecorded, except as herein provided, same being in Lubbock County, Texas, to -wit: West 1/2 of Lot 9, all of Lot 10, Block E, Butler Estates Addition to the City of Lubbock, Lubbock County, Texas In consideration of the foregoing, Owners agree and obligate themselves to pay to Contractor the sum of Four thousand seven hundred and seven and no/100 DOLLARS ($ 4,7W.U0 ), bearing no interest until maturity, which indebtedness is evidenced.by a promissory note of even date herewith, executed by Owners, providing for the usual ten percent (10%) attorney's fee, and payable to the order of Contractor as follows: on or before November 23, 1977• Said note expressly providing that the payment thereof is subject to and governed by this contract', which is referred to, incorporated therein and made a part thereof. It is specially agreed that during the erection and contraction of said improve- ments and until the same have been completed and delivered to Owners, Contractor shall keep same, together with all materials on the premises, insured against loss or damage by firi .and the perils of extended coverage in an amount equal to the contract price under this contract, with loss, i -i any, payable to the Parties hereto and the owner and holder of the hereinabove described note, as their respective interests may appear. The proceeds of such insurance may, at the option of Owners, be used for restoring the property destroyed or damaged without affecting the liens herein created and given. If Contractor fails to keep said property so insured and a loss should occur the same shall be the loss of Contractor. It is further expressly agreed that alterations; changes, and additions may be made in the work shown or described by the plans and specifications above referred to, upon separate estimates therefor submitted in writing by Contractor to Owners, and agreed to by Owners in writing. before the commencement thereof. All extra work done and extra Vol 166 PACE 577 VOL lob, FACE !c M aterial so agreed to -and furnished shall not exceed the sum of $ 2.293.00 and such sum, if any, shall be a part of the indebtedness hereby secured by the liens herein given and granted as fully as if such amount were included in the original contract price; and all extra work done or material furnished without an agreement by the Owners previous to the commencement. -thereof shall be.considered as performed under the original contract and no extra pay -shall be demanded or allowed therefor. Contractor shall furnish Owners proper receipts and releases from any and all materialmen from whom any material is obtained by Contractor for use in said improve- ments, and from all sub -contractors as well.as from each and all the workmen who have. worked thereon, to the end that no liens may be fixed upon said premises save and ex- cept the express liens herein created. If at any time there should be notice of any lien or claim for labor or materials furnished to Contractor, for which, if established, Owners, or said property, might become liable, though primarily chargeable to Contractor, Owners shall in such case have the right to reiain sut of any payment or payments then due or to become due on the indebtedness hereby secured, such amounts as may be sufficient to completely in- demnify Owners against such lien or claim. Notwithstanding anything herein contained to the contrary, Owners may in accordance with Article 5469, Revised Civil Statutes of Texas, retain during the progress of the work and for 30 days after the work is com- pleted the statutory amount as -provided by said Article. 'In the event that the improvements herein mentioned to be erected, fail for any reason to be completed, or fail to be completed according to the contract, or all of the labor and material used in erection thereof fail to be provided by Contractor, then Contractor or other owner and holder of the herein described indebtedness.and note shall have a valid and subsisting lien for said contract price, -less such amount as would be reasonably necessary to complete said improvements according to said plans and specifications, or in such event, the owner and holder of the hereinbefore mentioned indebtedness and note, at his option, shall have the right to complete said improvements, and the liens herein given shall inure to the benefit of said owner and holder. This coritract is executed, acknowledged and delivered before any labor has been performed and before any material has been furnished for the construction of the im- provements for which the liens hereby created are given. To secure the.prompt payment of the aforementioned indebtedness and note, a Builder's, :Mechanic's, Materialman's and Laborer's Lien is hereby created and granted for the benefit of Contractor or other owners and holder of the note hereinbefore de- scribed, upon the -hereinbefore described real property, and all improvements, additions, fixtures and appurtenances now thereon and hereafter placed thereon. In the event any portion of the indebtedness herein described cannot be lawfully secured by the liens herein given and created upon the herein described property, it is agreed that the first payments made on said indebtedness shall be applied to the_ discharge of that portion of said indebtedness. The plural reference to any party shall include the singular and the singular reference to any party shall include the plural. All of the covenants and agreements herein undertaken to be performed by and.the rights conferred upon the respective parties shall be binding upon and inure to the benefit of not only said parties, re- spectively, but also their respective heirs, executors, administrators, grantees, suc- cessors and assigns. EXECUTED this 23rd day of September , 19—ZL. CONTRACTOR:. a ey OWN ERS 1 Harvey C. Hobbs -2- THE STATE OF TEXAS � COUNTY OF Lubbock X BEFORE ME, rhe undersigned authority, on this day personally appeared Harvey C. and Mary Ellen Hobbs known to me to be the person s whose names kx/are subscribed to the foregoing in- strumenc, and acknowledged to me that t hey executed the same for the purposes and cc -,sideration therein expressed. GIVEN UNDER ;:Y HAND AND SEAL OF OFFICE on this the 23rd day of September A.D. 1977 . SF-A,L n NOTARY PUBLIC io and for Lubbock County, Texas THE STATE OF Texas X X COUNTY OF Lubbock. X BEFORE ME, the undersigned authority, on this day personally appeared Bill Caffey known to me to be the person_ whose nanw is/xxx subscribed to the foregoing in- strument, and acknowledged to me that he_ executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY i.ANID AND SEAL Or OFFICE on this the 23rd day of September A.D. 19 77. badh VOTARY PUBLIC in and for Lubbock County, Texas aTATE OF TEXAS COUNTY OF LUBBOCK ' 1 far•►..."db 11w IA1. 3."V.00 "" MID dN..ad 41 A. 11.+. M.,.d I.'"Q ►) —.Pd �I�d'I a,c010,D 1. $I. VA.— r.d t.60 •t IM R=t4 ub6.d CUNT. Team r ~P" 1T R► SEP 28 1971 e�au`�i CJS • s, Y -3- ;vol 166 FACE 579 Urban Renewall�geney, P.O. Box 103360 Lubbock, Texas tiCO , . �►>Y- - �nDEo $9.00 ahB .3321 va 680 PACE 632 1;yp1XEo D E E D 0 F• T R U S T t i THE ,STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Lubbock X THAT Harvey C. Hobbs et ux Fury Ellen of- Lubbock County, Texas, hereinafter called Grantors (whether one or more) for the purpose of securing the indebtedness hereinafter described, and in consideration of the sum of TEN DOLLARS ($10.00) to us in hand paid by. the Trustee hereinafter named, the receipt of which is hereby acknowledged, and for the further consideration of the uses, purposes and -trusts hereinafter set forth, have granted, sold and conveyed, and by these presents do grant, sell and convey unto Treva Phillips , Trustee, of Lubbock County, Texas, and his substitutes or successors, all of the following described property situated in Lubbock County, Texas, to -wit: West 1/2 of Lot 91 all of Lot 10, Block E, Butler Estates Addition to the City of Lubbock, Lubbock County; Texas TO HAVE AND TO HOLD the above described property, together with the rights, pri- vileges and appurtenances thereto belonging unto the said Trustee, and to his substitutes or successors forever. And Grantors do hereby bind themselves, their heirs, executors, administrators and assigns.to warrant and forever defend the said premises unto the said Trustee, his substitutes or successors and assigns forever, against the claim, or claims, of all persons claiming or to claim the same or any part thereof. This conveyance, however, is made in TRUST to secure payment of one promissory note of even date herewith in the 'principal sum of FOUR THOUSAND SEVEN HUNDRED ND SEVEN AND NO/100-----------------------------DOLLARS ($ 4,107.OQ _) executed by Grantors, payable to the order of THE CITY OF 1,UlsBOCK, TEXAS, in the City of Lubbock. l.cilil• k rounty. Texas, bearing no interest as therein.stipulaled, but providing for arcc*u .-r:.: ' �.c.1tritt ;end for attorney's fees, us follows, to -wit: Payable: in full upun the happening of any of the following events: (1) If the Grantors cease to occupy the improvements situated upon the above- ' described property as their personal residence; or , (2) .If the Grantors sell, transfer or convey the above-described property or any interest therein or any part thereof, or if the property or any_inter- est therein or any part thereof is transferred by any means to any person, corporation or other legal entity by the Grantors; or (3) Upon the.death of the Grantors. The plural reference to Grantors shall be held to include the singular and if more than one, the said note will become payable upon the death of the survivor or survivors of them. Should Grantors do and perform all of the covenants and agreements herein contained, and make prompt payment of said' indebtednessasofthe Same etshalcr becorce me deffect,tiv and payable. t en be this conveyance shall become null and void n released at the expense of Grantors. by the holder thereof, hereinafter called Beneficiary (whether one or more). Grantors covenant and agree as follows: y seized of said property. and have the right to convey the That they are la:afull same; that said property is free.frain al -J. liens ;111(1 encumhranc•es, except as herein pro- vided. To protect. the Citic and -possession of said property and to pay when due all taxes and assessments now existing or,'hereafter levied or assessed upon said property. or the s of Trust. and to prc�c•rve and m+intait: the lien interest therein created by thiDeed hereby created•as a first and -prior lien on said property including; any improvements here- after made a part. of the realty. •1'o keep the'improvements on said property in good repair and crindition, and not to permit or commit an waste thereof; to keep said buildings occnpiecl so as not to impair the insurance carried thereon. That in the event of"default in the payment of the note hereby secured, in accord - cd to ance with the terms thereof, or. of a breach oC any Of the covenants herein contC�antors Ile performed by Grantors, then and in any of such ev'nVscnt. to declare e`lareytho entire prin- hereby expressly waiving; presentment and demand for payme c.ipal indebtedness hereby secured and all other sums hereby serured im,.nedgately duc and payahTc, and in the event of d�•faul.t in the payment of said indebtedness when due or de clarcd duc, it shall thereupon, or at any time thereafter. be the ditty of the Trustee. or his successor or suhstitutc� as hereinafter provided. at the request of Beneficiary (which request is hereby conclusivrly presuned). to enforce this trutit; and actor adver- tising; the time, place and terms of the sale Of the above-described and ccm veyed property, then subject to lite lien glrrcof . for at l east twenty-elle (21) days preceding the date oC s of the sale by posting written or printed -notice thereof at the Cotirthouse dot county where said real property is situated, which tnotic:e may be posted by the Trustee acting. or by any person acting for him, and the Benefici:try (the g,ol.cler of tile i+tcicl+teclness secured hereby) has, at leastt;1 enty°tsale21) dhysciertifi.ed�malmail onteach debtorcervedobli}�ated written or printed,notice proposed to .pay the indebtedness secured by this Decd of frust according; tothe records of Rene- d flciary, by the deposit of such notice. enclosed in a postpaid wrapper. er. pp Y a to such debtor..•tt debtor's mo�titacvn�nderaddress tlrc careshown and icusttile o custodyrecords the United States Beneficiary, in a post office or official dcp s ell the above-described property, then subjrr.[ to the Postai Service. the Trustee shall -5 lien hereof, at public auction in accordance with such notice at the Courthouse door of said county wheye'such real property is situated. on the fLrst Tuesday in any month be- tween the hours of ten o'clock �nl'icntiretyt+orr. ointock suchl'p1rcels asethcgTrustc>eilest dac[in};for maySh, selling all of the property as elect, and make due conveyance to•tile Purchaser or Purchasers, with general warranch sale, binding Grantors, their heirs and assigns; and out of Cho money arising the Trustee acting; shall pay ftrst..alt tl+e expenses of advertising; the sale and making; the conveyance, including a commission,of five percent (S) to Himself, which commission id shall be due and owing In addition too thattorny's fees estl,ra[tore�c•y+s fees vided for in 1and nother ,nd then to Beneficiary the full amount'O principal,ej charges due and unpaid on said note and all c other rInd bt irness scorrassignsbYandethcr the balance of the; :;ales price, any. re- citals in the conveyance ChetmattersPurchaser therein stated,eandrs 4all tprerequisitesctocsaid vstile evidence.of the truth o shall be presumed to have been performed,irs and and such sale and conveyance shall be conclu- sive against Grantors, their ould be it is agreed that in the event essor.fBeneficiaryoreclosure hmayuateany htime before mthe esale Of e Trustee, or his substitute or and ma then institute suit for the property direct the said Trustee to abandon the sale, Y it is the collection of said note, and for the foreclosure of this Deed of Trust lien; further agreed that if Beneficiary f�Trustuld nlienetthatsuit mayfor ag:the arry timecollection befoYethereof, ets- and for a foreclosure of this De try of a final judgment in said suit dismiss the same,ss accordancef�withnd etherprovisiotstof�this Deed stitute or successor to sell the property of Trust. Beneficiary shall have the right to purchase at any sale of the property. being; the highest bidder and to have the amount for which such property is sold credited on' the debt then owing. VOL 680 PACE 633 VOL 680 PAGE 634 . Beneficiary in any event is hereby authorized to appoint a substitute trustee, or a successor trustee, to act instead of the Trustee named herein without other for- mality than the designation in writing of a substitute or successor trustee; and the authority hereby conferred shall extend to the appointment of other successor and sub- stitute trustees successively until the indebtedness hereby secured has been paid in full, or until said.property is sold hereunder, and each substitute and successor trus- tee.shall succeed.'to,all of the rights and powers of the original trustee named herein. In the event any sale is made of the above described property, or any portion thereof, under the terms.of.this Deed of Trust, Grantors, their heirs and assigns, shall forthwith upon the making of such sale surrender and deliver possession of the . property so sold to the-Pttrchaser.at such sale, and in the event of their failure to do so they. shall thereupon.from and after the making of such sale be and continue'as tenants at will of such Purchaser, and. in the event of their failure to surrender possession -of said property upon demand, the Purchaser, his heirs or assigns, shall be entitled to institute and maintain an action for forcible detainer of said property in the Justice of the Peace Court"in-the Justice* Precinct in which such property, or any part thereof, is situated. It is agreed that the lien hereby created shall take precedence over and be a prior lien to any other lien of any character whether vendor's, materialmen's or me- chanic's lien hereafter created on the above-described property, and in the event the proceeds of the itidebtedness.secured hereby as set forth herein are used to pay off and satisfy any liens heretofore !existing on said property, then Beneficiary is, and shall be, subrogated to all of the rights, liens and remedies of the holders of the indebted- ness so paid. It is agreed that an extension, or extensions, may lie made of the time of payment of all, or any part, of the indebtedness secured hereby, and that any part of the Above- -described real property may be released from this lien without altering.or affecting the priority of the lien created by this Deed of Trust in favor of any junior encumbrancer, mortgagee or purchaser, or any person acquiring an interest in the property hereby con- veyed, or any part thereof; it being the intention of the parties hereto to preserve this lien on the property herein described and all improvements thereon, and tNit may be hereafter constructed thereon, first and superior to any liens that may he placed thereon, or that may be fixed, given or=mposed by law thereon after the execution of this instrument notwithstanding any such extension of the time of payment, or the re- lease of a portion of said property from this lien. the indebtedness hereinabove described cannot be law - 1n the event any portion of fully secured by this Deed of Ttust lien on said real property, it is agreed that the first payments made on said indebtedness shall be applied to the discharge of that por- tion of said indebtedness. Beneficiary shall be entitled to receive any and all sums which may become pay- able to Grantors for the condemnation of the hereinabove described real property, or any part thereof, for public or quasi -public use, or by virtue of private sale in lieu thereof, and any.sums which may be awarded or become payable to Grantors for damages caused by public works or construction on or near the said property. All such sums are hereby assigned to Beneficiary, who may, after deducting therefrom all expenses actually incurred, including attorney's fees, release same to Grantors or apply the same to the reduction of the indebtedness hereby secured, whether then matured. or to mature in the future, or on any money obligation hereunder, as and in such manner as Benefi- ciary'mny elect. Beneficiary shall not be, in any event or circtimstances,,liable or responsible for failure to collect, or exercise diligence in the collection of, any such sums. Nothing herein or in said note contained shall ever entitle Beneficiary, upon the arising of any contingency whatsoever, to receive or collect interest in excess of the highest rate allowed by the laws of the State of Texas on the principal indebted- ness hereby secured or on any money obligation hereunder and in no event shall Grantors be obligated ,to pay interest thereon in excess of such rate. If this Deed of Trust is executed by only one person the plural reference to Grantors shall be held to include the singular and all of the covenants and agreements herein undertaken to be performed by and the rights conferred tipon the respective Gran- tors named herein, shall be binding upon and inure to the benefit of not 'only said parties respectively but also their respective heirs; executors, administrators, gran- tees, successors and assigns. Grantors expressly represent that this Deed of Trust and the Note hereby secured are given for the following purpose, to -wit: Page 3 of Deed of Trust !'he Xote hereby secured is given in renewal and extension of thrr sum of S 4,707.00 herein upon that une evrtain promissory note in the lett owing and ti.utplid by Grantors 4,707-00 dated September 23 19Z7 exe- or.ig;inal principal sum of $ _ (cite(! by _ Harvey C. Hobbs et ux Mary Ellen —• and payable to the order of Bill Caffey ' more fully dascribcrd in a Builder's b Mechanic's Lien Contract of even (late therewith. entered into by and hetwern. Harvey C. Hobbs et ux.M^ -Mary Ellen and Bill Caffey ' of the Mechanic's Lien Records of and recorded in Vol. pag;c __�, . County. Texas, beim, secured by the Builder's,t Mechanic's Liras thc-rehy created upon and against the herein described real. property, which liens are hereby expressly acknowl- edged by Grantors as pinvided in subsisting; liens against the property herein described, which said note, tog.eth�_r with the'licns sc.:uring the same, has been dull assigned and tr;insferred to th,e C11'Y O 1.UBBCCK, TEXAS, and that it is expressly agreed that said liens are herch} renewed, extended, and carried Forward in full. force and effect to secure the payment.uf•tile note hereby. secured. F.\ECh•TI:D this 23r" day of September A.D. 1977 _ - A-t� Harvey C. Hobbs Mary Ellyn Hobbs THE STA•1'I: OF TEXAS. Y X COUNTY 01' Lubbock X• BEFORE ME, the undersigned authority+ on this day personally appeared Harvey C. Hobbs et ux Mary Ellen in - known to me to be the person s whose name_ �ecuteds/XXKsthecsameubsribedfor the purposesgand strument, and acknowledged to me that _ Ye considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICEon this the 23rd day of September D.-19. 77 E. L 1 ANARY PU(iL1C, Lubbock County, Texas VOL 680 FACE 635 Page 4 of Deed*of Trust UF rcxhs VOL UUU ML UUU • COUNTY OF LUBBOCK • %."I ertifr that twit hNnn,w,t was nUD M the a -FILED 4d..nd of Na *" 0-004 lanes by .• 8"d w.. dray +� �y�j '} WORDED In 16 Y Looe oad P.O- o1 t►. Aeeow; Of �'✓ 10 k9 f111' i Ubb«i rea�7 Tw• as « I -a. i FEB 2 . FEB_ 2 :1978 , a 1 0 t p cmti[riirt�w W k % ? comm om ; up= Comm WA i a