Travis County Deed Records: Deed Record 598 - Mechanics Liens Page: 28
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under this contract, and to foreclose the mechanic’s lien herein
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and that if any payment be not made when due, such default shall, at the option of the
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agree to pay all taxes on said property
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contract, free from all claims of any person for materials or labor used in constructing
said improvements.
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being under any obligation to do so, may pay said taxes, contract for said insurance,
pay the premiums therefor, all for the account of owners, and any taxes or insurance
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3. In consideration of the performance by contractor of his said agreements, owners
agree to pay to the order of contractor $600.00, in accordance with one certain pro mi ssnry
note executed by owners, of date October 13, 1938, for the sum of $600.00, payable in in-
stallments as follows: one installment of $12.50 shall be paid on the 1st day of December,
1938, and a like installment shall be paid on the 1st day of each month thereafter until
it is fully paid and satisfied. Each installment payment is to be applied first to the
payment of all unpaid interest accrued at the date of such installment payment, and the re-
mainder as a credit on the principal of said note; and said note provides that more than
one installment may be paid on any installment paying date. Said note bears interest from
the 1st day of November, 1938, until paid at the rate of 7% per annum, and provides that al L
past due interest shall bear interest from its maturity until paid at the rate of 7% per an-
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also provides for 10% attorney’s fees, if placed with an attorney for collection after
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turity, or if collected by legal proceedings of any kind. Owners further agree that after
said improvements have been completed according to said plans and specifications, they will
keep them insured, at their own expense, against loss or damage by fire, windstorm, and
hail in the sum at least $600.00 in some company or companies acceptable to the holder of
the above described note, and will have said policy or policies of insurance made payable
to the holder of said note, as his interest may appear, and will deposit said policy or
4. Owners hereby give and grant to contractor, and the parties hereto agree that con-
tractor, his heirs and assigns, have a mechanic's lien upon the above described improvements
and real property, constituting one body of land and intended to be used and g in
connection with said improvements, to secure the payment of said promissory note and all
other sums of money which may become due and payable under this contract.
Witness our hands this the 13th day of October, 1938.
when the same become due, until said note is fully paid and satisfied, and that if they
fail to pay said taxes, or any part thereof, prior to delinquency, or to take out and pay For
said policy or policies of insurance, as above stipulated, the holder of said note, without
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iums so paid shall from the date of payment constitute a debt against owners for the amount
so paid in favor of the holder of said note, which debt shall bear interest from the date
of the respective payments at the rate of 7% per annum, shall be subject to a 10% attorney's
fee in like manner as is provided for in said note, and its repayment shall be secured by
the mechanic's lien herein granted; and owners agree that if default be made in the payment
of said taxes or in taking out and maintaining said insurance, or in payment of any sum be-
coming payable on said note, the holder of said note shall have the option to declare it
in default, to bring suit to collect said note, and all other sums which may become due
holder, mature said note, and the holder may then, at his option, immediately institute sui;
to collect same and to foreclose the mechanic’s lien herein given to secure its payment, and
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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/m1/34/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Travis County Clerk’s Office.