Travis County Deed Records: Deed Record 604 - Deeds of Trust Page: 29
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and void end of no further force or effect, and shall be released at the cost and expense
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any respect fail to keep and perform any one'or more of the conditions herein provided to
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whole amount of said indebtedness remaining shall, at the option of the holder of said
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the request of the holder of said indebtedness thereof to enforce this Trust; and after
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advertising the time, place and terms of the sale of all of the above conveyed and describe
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property, or any part thereof (the privilege of selling in whole or in part being hereby
granted) for at least twenty-one days successively next before the day of sale, by posting
written or printed notices thereof at three public places in the County in which said real
party of the third part herein, as evidenced by one certain promissory note executed by
the said parties of the first part, and payable to the order of the said party of the third
between the hours of ten o’clock A. M. and four o’clock P.M., to the highest bidder for
as the same shall become due and payable, or should said parties of the first part in
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part, and being further described as follows, to-wit:
of the second part herein, and of his successor or substitute, as.hereinafter provided, on
indebtedness, immediately mature and become payable, and it shall thereupon, or at any time
estate is situated, one of which shall be at the Court House Door of such County, to sell
the same, in accordance with such advertisement, at public auction, in front of the Court
House of the County in which said property is situated, on the first Tuesday in any month
principal and interest,as the same shall become due and payable, and strictly comply with
be kept and performed by said parties of the first part, then, and in any such case, the
all the conditions and requirements herein provided, then this conveyance shall become null
One Note dated 12-14-38 in the principal sum of Forty Four Hundred Ninety Six & 85/100
Dollars, ($4496.85), payable to W.C. Kenyon, signed by L. M. Kenyon & wife, Mrs. L. M.
Kenyon due on or before 5 years after date, bearing 5% interest from date, payable at
in the punctual payment of said indebtedness, or any part thereof, principal or interest,
expressly agreed that the recitals in the conveyance to the purchaser shall be full evidence
of the truth of the matters therein stated, and all prerequisites to said sale shall be
thereafter,the same, or any part thereof, remaining unpaid, be the duty of the said party
said parties of the first part. But should the said parties of the first part make default
Amarillo, Texas.
presumed to have been performed. The holder of said indebtedness shall have equal rights to
become the purchaser at such sale, being the highest bidder.
In case of absence, death, inability, refusal or failure of the trustee herein named to
cash, selling all property above conveyed as an entirety or in parcels as the Trustee may
elect, and make due conveyance to the purchaser or purchasers,with general warranty,binding
the said parties of the first part herein and their heirs and assigns; and, out of the money
arising from such sale, the Trustee acting shall pay: First, all the expenses of advertising
sale and conveyance, including a commission of five per cent to himself, and then to the
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Now, should the said parties of the first part make prompt payment of said indebtedness,
and shall pay, or cause to be paid, all other indebtedness secured by this conveyance, both
holder of said indebtedness, the full amount of principal and interest due and unpaid on said
indebtedness, as hereinbefore set forth, and all taxes, assessments, insurance premiums
or other advancements, made as provided for herein, with interest thereon, rendering the
balance of the purchase money, if any, to the said parties of the first part, their heirs of
assigns; and said sale shall forever be a perpetual bar against the said parties of the
first part, their heirs end assigns ,and all other persons claiming under any of them. It is
set, a successor and substitute may be named,constituted and appointed by the holder of sai
— — ^dehtedna-ss - without other formality than an appo intment and d e s i gna t i o n i n wr it ing, and
. 477,
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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/m1/35/?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.