Travis County Deed Records: Deed Record 598 - Mechanics Liens Page: 455
640 p.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
,e
w
e
i
dings.
mechanic’s and materialman’s lien on said land and premises constituting one body of
land and intended to be used and enjoyed in connection with said improvements, end all
improvements thereon, or to be erected thereon, to secure the payment of the contract price
$
hereby created to be superior to any other lien of any character whatsoever hereafter fixed
on the property above described; and it is further agreed that failure to complete said
improvements.according to this contract shall not defeat said indebtedness and lien,
but in such case said indebtedness and lien shall exist in favor of Contractor and his
assigns for such contract price, less an amount necessary to complete said improvements
J I
n
shall have the right, at its election, to complete said improvements in order to protect
its rights on the premises.
■ Taxes, fire, tornado,hail and gas explosion insurance are to be paid by Owners and in
case of failure to pay same the holder of said note and lien shall have the right of paying
same and adding it to the amount due on said note and said taxes and insurance so paid
1
eI
{O
8
-PPN
ig
if
1
1
shall be secured by this mechanic ‘ s. and materialman’s lien.
It is within the contemplation of all parties to this contract that said indebtedness or
5
]
I
i E
II
Owners hereby give and grant to Contractor and his assigns an express contract lien and a
77)))
of said improvements, together with all interest and sums to become due thereon, said liens
d
3
2
43 '
in accordance with this contract, and said Association, as the assignee of Contractor,
IKT
8
SC
of principal and interest then due, as collection fees in the event same is placed in the
hands of an attorney for collection or if collected through probate or other judicial procee-
.9 ,
I F
8
i
a part thereof is to be assigned by Contractor to said Association, and that in case of
default or error on the part of the Contractor, no set-off or discount as against the
indebtedness assigned to said Association shall be claimed or asserted, Owners agreeing to
Mco
k “ 3
BOO-
look only to Contractor for any damages arising therefrom.
In case of any dispute, misunderstanding or disagreement between Owners and Contractor,
arising out of this contract or the manner of its performance, it is agreed that H. E.
Wattinger, of Austin, Travis County, Texas, shall be the arbiter of such matters in contro-
versy and that his decision shall be final and binding on both parties.
This contract is executed, acknowledged and delivered by Owners and Contractor before any
labor is performed or material furnished under the terms hereof.
And I, Robert O. Clark, Contractor, for and in consideration of the sum of Twenty Three
Hundred and No/100 (>2300.00) Dollars, to be paid as hereinbefore provided by said
Association, have sold, assigned and conveyed and do by these presents sell, assign and
convey to First Federal Savings & Loan Association of Austin, a corporation, of Austin,
Travis County, Texas, the Within Mechanic’s and Materialmen's Lien and Note being that
certain indebtedness due by Owners to Contractor as hereinabove provided in the sum of
Twenty Three Hundred and No/100 (>2300.00) Dollars, together with all liens hereby created
and/or rights, titles or equities to which Contractor is entitled in law or in equity
securing the payment of any portion of said indebtedness hereby assigned and Contractor
agrees that said indebtedness hereby assigned shall be secured by a superior lien to that
Exe
Mi III
of Owners, upon the completion of said improvements by Contractor in accordance with the
plans and specifications above mentioned, the final acceptance of said improvements by
owners, the approval of same by said Association, and upon the furnishing by Contractor to
Owners and said Association of satisfactory evidence that all bills or claims growing out
of the construction of said improvements have been satisfied, all deferred payments payable
at Austin, in Travis County, Texas, and to bear interest from maturity until paid by
Owners, at the rate of 6 per cent per annum, together with ten per cent of the total amount
mS-ekE
IIII IIIII
1
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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/m1/461/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Travis County Clerk’s Office.