Travis County Deed Records: Deed Record 598 - Mechanics Liens Page: 61
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for the fulfillment of
the said sum of Three
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themselves and promise to pay to the said party of the first part,
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his said agreement and undertaking at Austin, Travis County, Texas,
Thousand One Hundred Fifty and 00/100 Dollars, on and in accordance with the terms of their
one certain promissory note bearing even date herewith, payable to the order of Thomas Sim-
nacher, at Austin, Travis County, Texas, said note being described and identified as follows:
being for the sum of $3150.00 and payable on or before January 1st, 1939, and bearing in-
terest from date at the rate of 7% per annum and providing if the same should be placed in
he hands of an attorney for collection after maturity, or if collected by legal proceedings
° any kind, for an additional ten per cent on the amount to be collected for attorney’s fees.
and it being provided in said promissory note that if said note or any installment of inter-
est shall not be paid when due, then, at the option of the holder thereof, said promissory
° te • principal and interest then accrued shall at once become due and payable, and suit may
e immediately commenced, at the option of the holder thereof, to collect the same and to
oreclose the mechanic’s lien hereinafter mentioned; that the said party of the first part
is nereby declared to have a mechanic’s lien on the said improvements and on the said pro-
Perty hereinbefore described, constituting one body of land and intended to be used and en-
joyed in connection with the said improvements, to secure the payment of the said promissory
ote hereinbefore mentioned; that the said parties of the second part hereby agree, and
1. That the said party of the first part, for the consideration hereinafter mention-
ed, hereby agrees and binds himself well and truly to construct, erect, finish, complete and
deliver in a true, perfect and workmanlike manner a certain one story frame house and garage
for the said parties of the second part on the hereinafter described premises, according to
plans and specifications agreed upon between the parties hereto, signed by the parties here-
to for identification and made a part of this contract for the said parties of the second
part, upon all that certain tract or parcel of land lying and being situated in the City of
Austin, Travis County, Texas, and described as follows, to-wit:
Lot No • 68, in Okie Heights, a subdivision in the City of Austin, ‘Travis County,
Texas, according to the map or plat of said subdivision recorded in Plat Book 3, page 255,
of the Plat Records of Travis County, Texas, and being the same property conveyed by Mar-
garet D. Okie and husband V. G. Okie, to E. T. Burger, by deed dated October 20th, 1938,
to which said map or plat and said deed reference is hereby made for further description, ..anI
to furnish and provide first class work and materials for all parts thereof that may be ne-
cessary for the full completion of the said improvements hereinbefore mentioned, according
to the said plans and specifications; that the said party of the first part hereby agrees
to be responsible for any damage that may happen to the said improvements in the course of
erection from fire, or from any other cause whatever, until the same have been completed
by the said party of the first part, according to the said plans and specifications, turned
over to and accepted by the said parties of the second part; that the said party of the
first part hereby agrees and binds himself to pay for all materials and labor used in and
performed on the said improvements as the same accrue, and to have the said improvements
completed according to the said plans and specifications, and ready for occupancy on or be-
fore forty-five working days from this date, free from any and all claims on the part of any
and all persons for materials and labor used in and performed on the said improvements for
the sum of Three Thousand One Hundred Fifty and 00/100 Dollars to be paid by the said part-
ies of the second part to the said party of the first part as hereinafter provided.
2. That the said parties of the second part, in consideration of the foregoing agree-,
ment and undertaking on the part of the said party of the first part, hereby agree, bind
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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/m1/67/?rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Travis County Clerk’s Office.