Travis County Deed Records: Deed Record 604 - Deeds of Trust Page: 27
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2. After paying such expense he shall pay so far as will be possible the debt secured
set out above.
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Company to make such appointments.
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Elizabeth S. Clement
Claud A. Clement
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THE STATE OF TEXAS
COUNTY OF TRAVIS
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Before me, the undersigned, a Notary Public in and for said
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27
administrators or assigns.
have the said powers and estate hereby delegated to the said Carroll L. Jones, Trustee,
and it is agreed that such appointments may be made by any representative of the Company
who has been given authority by the Finance Committee of the Board of Directors of the
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be her act and deed, and she declared that she had willingly signed the same for the purpo
County and State, on this day personally appeared Claud A. Clement and Elizabeth S. Clemen
his wife, both known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for thepurposes and
consideration therein expressed, and the said Elizabeth S.Clement, wife of the said Claud .
Clement, having been examined by me privily and apart from her husband, and having the sam
fully explained to her, she, the said Elizabeth S. Clement, acknowledged such instrument te
or refuse or for any reason be unable to act, or for any other reason satisfactory tothe
their representatives, successors, heirs or assigns shall forthwith upon the making of any
such sale immediately surrender possession of said premises to the purchaser at such sale,
and in the event such possession is not surrendered and delivered, the party or parties
holding over shall thereupon become a tenant at sufferance of the purchaser at such fore-
3. He shall pay the residue, if any, to the grantors or to their heirs, executors,
closure sale, or his successor, and should such tenant refuse to surrender possession
of such property upon demand, the purchaser, his successors or assigns,shall be entitled t
institute and maintain an action for forcible detainer of said property, and secure a writ
restitution to enforce the right of possession therein.
holder of the note secured hereby, the Company or the holder of the note secured hereby,
shall have full power to appoint in writing and without any notice to the grantors,a
substitute Trustee, and if necessary, several substitute Trustees in succession, who shall
hereby, discharging first that portion of said debt arising under the covenants or
agreements hereinbefore contained and not evidenced by the note, and discharging
next the remainder of the debt in accordance with the provisions of the eleventh covenant
Any deed or deeds which shall be made by any Trustee acting hereunder, shall be prima faci
evidence of the truth of all the recitals therein contained as to the maturity and non-
payment of any part of the debt secured hereby or other cause authorizing such sale,
the request of the Trustee to sell, the advertisement of such sale, the time, place,
terms and manner of such sale and the proceedings had thereat, and in case such acting Tru
is a substitute, the fact of his appointment and the facts authorizing the appointment of i
substitute in the premises, and all Courts of law and equity shall accept said deed or dee
as prima facie evidence that all prerequisites to the validity of such sale were had and d
It is agreed that in event of any foreclosure sale under and by virtue of the powers herei.
granted of the property herein described, or any portion thereof, the grantors herein or
If this Deed of Trust is executed by only one personor by a corporation, the plural refere
to the grantors shall be held to include and apply to the singular.
Witness our hands, this 9th day of December, 1938.
And should the said Carroll L. Jones, Trustee, be absent from the State of Texas, or fail
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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/m1/33/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Travis County Clerk’s Office.