Travis County Deed Records: Deed Record 598 - Mechanics Liens Page: 53
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at his option, immediately institute suit to collect same and to
lien herein given to secure their payment, and also provides for
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and the holder may then,
foreclose the mechanic’s
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ment and the record thereof are referred to and made a part of this contract for all pur-
107 attorney’s fees, if placed with an attorney for collection after maturity, or if col-
poses.
2. This contract is based upon plans and specifications for the improvements which
are herein referred to, which plans and specifications have been signed by the parties to
this contract, and said parties do hereby make said plans and specifications a part of
this contract, and agree that they shall be so considered for all purposes.
3. For the consideration hereinafter stated to be paid to contractor by owner and the
lien herein given to secure payment of said consideration, contractor agrees, at his own
cost and expense, to supply all of the materials and to supply and perform all of the labor
required by said plans and specifications to construct and complete, according to said
plans and specifications, the two-story garage building with seryant's quarters above which
is therein described and provided for upon the following described property, to wit: Lot
No. 75, of Westenfiela ”1”, a subdivision of a part of the Daniel J. Gilbert Survey, in
the City of Austin, Travis County, Texas, according to the plat of said addition recorded
in Book "3", Page 202, of the Plat Records of Travis County, Texas, and being the same pro-
perty described in deed from Westenfield Development Company to Joe H. Munster, Jr., dated
March 2, 1938, and recorded in Book "586", Pages 56-57, Deed Records of Travis County, Texas,
to which said plat and said deed, and the records thereof, reference is here made for fur-
ther description; and contractor further agrees that he will be responsible for any damage
which may occur to said improvements during their construction and prior to their accept-
ance by owner from fire, accident, or the elements, or from any other cause, except any
damage which may be caused by defects, if any, in said plans and specifications, and also
except any damage, if any, which may be caused because the soil in and upon which the owner
directs said improvements to be constructed is inadequate to support and sustain them with-
out injury to them; and contractor agrees to furnish and pay for first class work and ma-
terials for all parts of said improvements, and agrees to complete same according to said
plans and specifications and to deliver same to owner within 45 working days from the date
of this contract, free from all claims of any person for materials or labor used in con-
structing said improvements.
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4• In consideration of the performance by contractor of his said agreements, owner
agrees to pay to the order of contractor $3,700.00, in accordance with two promissory notes
executed by owner, of date October 19, 1938, to wit: Note No. One is for the sum of
$1,900.00, and is payable in installments as follows: one installment of $37.00 shall be
paid on the 1st day of January, 1939, 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 remainder 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.
Note No. Two is for the sum of $1,800.00, and is payable on the 1st day of June, 1944, and
provides that the maker may pay the same on the 1st day of January of any year prior to
its maturity. Each of said two notes bears interest from the 1st day of December, 1938,
until paid at the rate of 7% per annum, and provides that all past due interest shall bear
interest from its maturity until paid at the rate of 7% per annum, and that if any payment
be not made when due, such default shall, at the option of the holder, mature both notes,
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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/m1/59/?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.