Travis County Deed Records: Deed Record 604 - Deeds of Trust Page: 10
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force and effect,
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ministrators or assigns.
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just as though no sale had been made under the provisions of this para-
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property herein conveyed in satisfaction of such defaulted payment(s) without declaring
the whole debt due, such sale to be made upon the same terms and conditions, as to manner
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(3) He shall pay the residue, if any, to Mortgagors or their heirs, executors, ad-
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its assigns, shall have and is hereby given the right to request the Trustee to sell the
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graph; and it is specially agreed that no sale under the powers conferred in this paragrap
shall exhaust the right of sale under the powers conferred in the first preceding paragrap
hereof relating to the maturity of the entire debt, nor shall any sale exhaust the power
of sale to enforce the payment of any subsequently maturing installment(s), the payment of
which may be defaulted, and it is agreed that an assignee holding an installment or in-
stallments of the note hereby secured, shall have the same powers as are hereby conferred
on the said Bank, to request the Trustee named herein, or his successors as herein provid-
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of advertisement, time and place of sale, etc., as is provided for in the egent said Bank
exercises its option and declares the whole note due, save and except that where the sale
because of the default of one or more of the semi-annual payments such sale shall be made
subject to the unmatured part of the note secured by this deed of trust, and it is agreed
that such sale shall not in any manner affect the unmatured part of the debt secured by
this deed of trust, but as to such unmatured part this deed of trust shall remain in full
(2) After paying such expense he shall pay, so far as may be possible, the debt
herein secured, and to satisfy which any sale is made, discharging first that portion of
said debt arising under the covenants or agreements hereinbefore contained and not evidenc-
ed by note.
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If this deed of trust covers any land in excess of the homestead, and any loan has
been made on such excess land in an amount over and above the purchase money and/or other
valid liens against the homestead, and if the Mortgagors or other person obligated to pay
the indebtedness hereby secured shall demand that such excess land shall be first sold, then
such excess lands shall be first sold and the proceeds thereof applied: (1) To the payment
of the principal and interest due on that part of the debt hereby secured, if any, not re-
presented by renewals of purchase money obligations or other valid liens against the home-
stead; and (2) As a credit on the-balance of the debt hereby secured, and in the event the
proceeds of the sale of such excess land is not sufficient to discharge the entire indebt-
edness as hereby secured, including all costs and expenses legally chargeable, then the
homestead tract shall be sold and the proceeds thereof applied to the discharge of the
balance of the principal and interest then owing on that part of the debt represented by
renewals of purchase money obligations or other valid liens against the homestead, together
with all costs and expenses legally incurred in the enforcement of this trust, and it is
agreed that such sales may be made upon the same date and by virtue of the same notice of
sale and advertisement and the Mortgagors in consideration of the making of the loan on
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The Trustee making any sale under either of the powers of sale herein provided for,
shall receive the proceeds thereof and apply the same as follows:
• (1) He shall pay the reasonable expense of making the sale, including a minimum fee
of $10.00 to the Trustee, but if the land sells for more than $200.00 then in lieu of the
fee a commission of 5% of the amount received in cash, but in no event to exceed a maximum
of $50.00 to the Trustee; in determining the commission the amount of the debt to which
sale is made subject shall not be considered.
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Travis County (Tex.). Clerk's Office. Travis County Deed Records: Deed Record 604 - Deeds of Trust, book, 1938-12/1939-03; (https://texashistory.unt.edu/ark:/67531/metapth1564405/m1/16/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Travis County Clerk’s Office.