Travis County Deed Records: Deed Record 598 - Mechanics Liens Page: 35
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35
18 .t
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id
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r
Clay Miles
in
ment.
es
Helen Holland Miles
Parties of the First Part
Frank E. Benoit
Party of the Second Part
both known to me to be the persons whose names are subscribed to the foregoing instru-
and acknowledged to me that they each executed the same for the purposes and consider-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 31st day of October, A. D. 1938.
Wife,
ation therein expressed, and the said Helen Holland Miles, wife of the said Clay Miles, hav-
ing been examined by me privily and apart from her husband, and having the same fully ex-
plained to her, she, the said Helen Holland Miles acknowledged such instrument to be her
act and deed, and declared that she had willingly signed the same for the purposes and con-
sideration therein expressed, and that she did not wish to retract it.
)
Said parties of the first part hereby waive, in favor of the said indebtedness, all
homestead exemptions and allowances, and all allowances in lieu of homestead, or for exempt
articles, or for support, and all commissions which may accrue to either of them in any pro-
bate proceeding, if any, in which the said premises may be involved.
Witness our hands at Austin, Texas this 31st day of October 1938.
County of Travis. ) BEFORE ME, the undersigned authority, a Notary Public in and for said
County and State, on this day personally appeared Clay Miles and Helen Holland Miles, his
amount of principal and interest then due, as attorney’s fees if placed in the hands of an
($3.60 State note stamp can.)
THE STATE of TEXAS, )
attorney for collection or if suit is brought on same, and providing that failure to pay
either of said notes, or any installment of interest when due, shall at the Option of the
holder of said notes, or either of them, mature all of said notes not then already due.
It is expressly agreed and understood that to secure the payment of said notes accord
ing to their face, tenor and effect, the party of the second part retains and shall have a
valid and existing mechanic’s, materialman’s, laborer’s and contractor’s lien, equities,
securities and interest in and to the above described real estate and the improvements now
upon, and to be placed upon said land, and it is agreed and understood that said notes may
be assigned, and the assignee or purchaser shall have and be subrogated to all the rights
and equities of the party of the second part, to have and to hold the same, together with
all the rights and appurtenances to the same belonging or in anywise incident or appertain-
ing.
-t is also further agreed and stipulated that the parties of the first part shall, at
their own cost and expense, keep the property and premises herein described, and upon which
a lien is hereby created, in good repair and condition, and to pay all taxes due and to be-
come due thereon, before the same shall become delinquent, and shall keep the buildings if
any, and improvements that are insurable, insured in a sum of at least $3,150.00 in some
fire insurance company approved by the party of the second part, or other holder of said
notes, to whom the loss, if any, shall be payable, as their interest may appear; and by who.
the policy or policies shall be kept. And in case of default made by the parties of the
first part in the performance of any of the foregoing stipulations, the same may be perform-
ed by the party of the second part, or other holder of said notes, and the parties of the
first part agree to repay to the payor thereof, all money thus expended by payor, with in-
terest at the rate of ten per cent per annum from the date when the same was expended, and
all sums thus expended shall stand secured by this contract in like manner with the above
notes.
ly 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/m1/41/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Travis County Clerk’s Office.