Travis County Deed Records: Deed Record 598 - Mechanics Liens Page: 49
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49
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be caused by defects,
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contract for said insurance, and pay the
and any taxes or insurance premiums so
nce
e
or the elements, or from any other cause, except any damage which may
if any, in said plans and specifications, and also except any damage.
under any obligation to do so, may pay said taxes,
premiums therefor, all for the account of owners,
I
5
from fire, accident,
parts of said improvements, and agrees to complete same according to said plans and speci-
fications and to deliver same to owners within 60 working days from the date of this con-
tract, free from all claims of any person for materials or labor used in constructing said
impro vement s.
if any, which may be caused because the soil in and upon which the owners direct said
buildings to be constructed is inadequate to support and sustain them without injury to
them; and contractor agrees to furnish and pay for first class work and material for all
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 payment of said
taxes, or in taking out and maintaining said insurance, or in the payment of any other sum
becoming payable by owners under this contract, the entire indebtedness created by this
contract may be declared to be due and in default, and the holder of such indebtedness may
3. In consideration of the performance by contractor of his said agreements, owners
agree to pay to the order of contractor $3500.00 in accordance with one certain promissory
note executed by owners, of date October 19, 1938, payable on or before January 10, 1939,
bearing interest from maturity until paid at the rate of 7% per annum. Said note also pro-
vides for 10% attorney’s fees, if placed with an attorney for collection after maturity, or
if collected by legal proceedings of any kind. Owners further agree that after said im-
provements 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 of at least $3500.00 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 polic-
ies with the holder of said note until said note is fully paid, and promptly pay the prem-
iums for such insurance; and owners further agree to pay all taxes on said property 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 delinquent, or to take out an pay for said
policy or policies of insurance, as above stipulated, the holder of said note, without being
to said plang and s pecifications, the one-story frame residence and detached double garage
therein described and provided for upon the following described lot? tract, or parcel of
land, situated in the City of Austin, Travis County, Texas, and more particularly described
as follows, to-wit: Lot No. Nine (9), Enfield "G", a subdivision of a portion of the 24.7
acre tract out of the George W. Spear League and owned at the time of subdivision by R.
Niles Graham, said plat being recorded in Plat Book No. 3, Page 210, of the Travis County,
Texas Plat Book Records, and being the same property described in deed from the Austin Mut-
ual Life Insurance Company to Frank Varnado and wife, Lexia Varnado, dated October 17, 1938
and recorded in Book 595, Page 488 of the Deed Records of Travis County, Texas, to which
said plat and said deed, and the records thereof, reference is here made for further descri-
ption; and contractor further agrees that he will be responsible for any damage which may
occur to said buildings during their construction and prior to their acceptance by owners
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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/m1/55/?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.