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B F,- V 1. F'-_9 <br />1_ _l ?3 7 U ft 1 4 17.1 261 <br />together with all heating, plumbing, refrigeration, lighting fixtures, equipment and/or appliances now or hereafter attached <br />thereto or used in connection therewith, and all buildings and improvements thereon and hereafter placed thereon; <br />appurtenances, servitudes, rights, ways, privileges, prescriptions and advantages thereunto belonging or in anywise <br />appertaining, hereinafter called "Mortgaged Premises". <br />TO HAVE AND TO HOLD the Mortgaged Premises unto the Trustee forever, Grantors hereby bind themselves <br />to warrant and forever defend the title to the Mortgaged premises, or any part thereof, unto the Trustee against all persons <br />whomsoever claiming or to claim the same or any part thereof. <br />1. This Conveyance is made in trust, however, to secure payment of a debt in the principal sum of ONE <br />HUNDRED FORTY-FIV E THOUSAND and 00/100 DOLLARS ($145,000.00), evidenced by a Promissory Note of <br />even date herewith, hereinafter called "Note", the terms of which are incorporated herein by reference, executed by DFW <br />Vending, Inc., a Texas corporation, payable to the order of Charles W. Keys, being the Secured Party(ies), and <br />hereinafter called the "Noteholder", (whether one or more) at 950 Key West Rd., Paris, Texas 75462-7702, which is the <br />Noteholder's post office address, or at such other place as the Noteholder may from time to time designate in writing, with <br />interest and in installments as stipulated and provided therein and finally maturing on Juoe 7,2013. <br />2. This conveyance is made in trust to further secure payment of all other amounts with interest thereon becoming <br />due and payable to the Noteholder under the terms of the Note or this Deed of Trust, including (but not limited to) any <br />extension, renewai or re-amortization of said Debt, any increase or additian thereto and any future debt owing by Grantors <br />to the Noteholder, the payment thereof being secured or intended to be secured hereby; and to further secure performance <br />and discharge of each and every promise, obligation, covenant and agreement of Grantors, contained in the Note, this Deed <br />of Trust or any other instrument executed by Grantors, pertaining to said debt or the security therefor. <br />3. As additional security for the payment of said debt, Grantors hereby transfer and assign unto the Noteholder: <br />(a) All judgments, awards ofdamages and settlements hereinafter made resulting from condemnation proceedings <br />or the taking of all or any part of the Mortgaged Premises under the power of eminent domain, or for any damage (whether. <br />caused by such taking or otherwise) to the Mortgaged Premises or any part thereof, or to any rights appurtenant thereto, <br />including any award for change of grade of streets. The Noteholder is hereby authorized, but shall not be required, on <br />behalf and in the name of Grantors, to execute and deliver acquittances for, and to appeal from, any such judgments or <br />awards. The Noteholder may apply ail such sums or any part thereof so received, after the payment of all expenses, <br />including costs and attorney's fees, on the debt in such manner as the Noteholder elects; <br />(b) All bonuses, rents and royalties accrued or to accrue under all oil, gas or mineral leases, now existing or which <br />may hereafter come into existence. Grantors direct payment of the same to the Noteholder, at the option of the Noteholder <br />and upon written demand of the Noteholder therefor, to be applied to the debt until paid, whether due or not, and either <br />before or after any default under the terms of this Deed of Trust or the Note. <br />(c) All rents, issues and profits of the Mortgaged Premises, including, but not limited to, all unsevered crops, or <br />Grantors' interest therein. Grantors direct payment of the same to the Noteholder to be applied to the debt until paid, <br />whether due or not. This assignment shall become operative upon any default of Grantors under the terms of this Deed <br />of Trust or the Note and shall remain in full force and effect so long as any default continues in the matter of making any <br />of the payments or the performance of any of the covenants set forth in this Deed of Trust or the Note. <br />4. The proceeds of the Note to the extent that the same are utilized to take up any outstanding liens against the <br />Mortgaged Premises, or any portion thereof, have been advanced by the Noteholder at Grantors' request and upon Grantors' <br />representation that such amounts are due and are secured by valid liens against the Mortgaged Premises. The Noteholder <br />shall be subrogated to any and all rights, superior titles, liens, and equities owned or claimed by any owner or holder of <br />any outstanding liens and debts, however remote, regardless of whether said liens or debts are acquired by the Noteholder <br />by assignment or are released by the holder thereof upon payment. <br />5. Grantors further covenant and agree: <br />(a) That Grantors will pay the principal of and interest on the Note in accordance with the terms thereof. That <br />Grantors are seized of the Mortgaged Premises and are entitled to convey the same; that Grantors will make such further <br />assurance of title as may be necessary to fully confirm to the Trustee the title to the Mortgaged Premises. <br />(b) That all awnings, door and window screens, storm window screens, storm windows and doors, mantels, <br />cabinets, rugs, carpeting, linoleum, wall and in-a-door beds, stoves, shades, blinds, oil and other fuel-burning systems and <br />2 <br />" - 00U11k') <br />