Travis County Deed Records: Deed Record 598 - Mechanics Liens Page: 184
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offsets, and counterclaims to such indebtedness
shall become valid and enforceable for the
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($2,90 State Note Stamps Cancelled).
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Lucy M, Moore,
Parties of the First Part.
L. R. Barton,
Party of the Second Part,
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to the same extent as though this contract had been completely performed by the contractor
This contract is executed and delivered by the parties of the first part prior to
the furnishing of any material or performance of any labor in connection with the con-
struction of said improvements.
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Parties of the first part agree to keep the improvements on said premises insured
against loss by lire to the extent that insurance can be obtained thereon in Companies
acceptable to and with loss payable to the holder of said indebtedness, as his or its,
interest may appear, the. failure to procure such insurance shall, at the option of the
holder of said indebtedness, mature same and thereupon the liens herein granted shall
be subject to foreclosure proceedings.
Witness our hands this the 26th day of January, A. D. 1939.
It is agreed by all parties hereto that should the contractor abandon for a period
of ten days the construction of said improvements, or shall fail for any reason to com-
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plete said improvements, then the owner of the aforesaid indebtedness shall be given
the right, either personally or by agent, to take possession of said premises and com-
plete the improvements contemplated by this contract; and in such event the aforesaid
liens shall inure to the benefit of the owner of said indebtedness in the same manner ;
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It is understood and agreed that a failure to complete said improvements in ac-
‘ cor dance with said contract and plans and specifications, shall not make this Mechanic
lien void in whole but the lien shall be a valid lien for such labor and material as
may be actually put upon the premises or in the event any Assignee shall acquire said
note and lien, then such Assignee shall have a valid lien upon said premises for the
amount paid by it or him for said note, or such Assignee shall be given the right to
complete said improvements according to the plans and specifications and shall in that
event have a valid lien for the full amount of said note.
Parties of the first part agree with any Assignee of said note, that in the event
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the party of the second part shall not complete said impovements in the time and manner
set out in said specifications that they will pay all costs of completing same over and
above the amount of said note, and will pay the above described note in full according
to its face, tenor and effect.
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amount of the above described note, and parties of the first part by taking such possession
expressly give and grant unto said party of the second part a valid existing Mechanic’s
Materialman’s, Laborer’s and Contractor’s lien in and on the above described real estale
and the buildings and improvements to be erected thereon and the improvements now upon
said land, and it is agreed that said note may be assigned, and said -Assignee shall have
and be subro gated to all rights, titles and equities of the party of the second part.
It is stipulated and agreed that the taking of the possession by parties of the
first part of the improvements to be erected either before and after same has been com-
pleted shall constitute a full and complete acceptance of same by parties of the first
part, and the lien herein created shall be a valid and enforceable lien for the full
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shall then and there waive all defenses,
i and the lien securing same, and the same
full amount of said note.
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Travis County (Tex.). Clerk's Office. Travis County Deed Records: Deed Record 598 - Mechanics Liens, book, 1938-11/1939-03; (https://texashistory.unt.edu/ark:/67531/metapth1564399/m1/190/?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.