Travis County Deed Records: Deed Record 604 - Deeds of Trust Page: 59
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59
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subject to the abovesaid pledge.
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purchaser hereunder or otherwise.
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At the Association's election and without notice to Grantors or any effect on
of a
The covenants and provisions hereof shall enure to the benefit of or be binding
obligatory upon, 'as the case may be, the heirs, executors, administrators, successors,
Grantors’ liability hereunder or under the note hereby secured, any absolute transfer of
title, either voluntary or involuntary, to the real estate herein conveyed, so long as this
deed of trust shall remain in effect and so far as the Association is concerned, shall ex-
tend to and embrace as well, and shall effect, subject to this deed of trust and the rights
of the Association, a transfer of title to, the shares of the Association’s capital stock,
if any, held by the Association as additional security for the obligations or any of them,
herein described, and the abstracts of title or title certificates or policies and unexpir-
ed insurance policies held by the Association in connection herewith except to the extent
all right, title and interest therein be waived, and written notice of such waiver be given
the Association, by the person or persons acquiring the said real estate through such trans-
11
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The Association may transfer this deed of trust and the note hereby secured, and,
in the event of its doing so, any shares of its capital stock that may be pledged in the
abovesaid manner shall be automatically canceled, and the cancelation value thereof shall be
applied on the indebtedness or obligations in the said note or herein described or other-
wise accounted for to the Grantors unless the Association at the time of such transfer shall
endorse on the said note its erection to avoid such cancelation and to hold such shares
■
indebtedness in rhe manner' most’"'advantageous tothe Association, andshall be
applied
be applied.first in discharge of that portion thereof which is unsecured or is the least
secured and of accrued interest on such portion.
After any sale under this deed of trust the Grantors shall be merely tenants at
sufferance of the purchaser at such sale, and if the Grantors fail to vacate immediately
the property so sold, such purchaser shall be entitled to recover possession thereof by an
action of forcible entry and detainer in a justice court of proper jurisdiction, such actioi
to be cumulative of and in addition to all other remedies and recourse available to such
Neither forbearance on the part of the Association nor any extension of the time
of payment granted by it shall in any degree or respect discharge Grantors’ liability for
the indebtedness evidenced by or arising under this deed of trust or the note hereby secur-
ed. Grantors hereby waive and renounce the benefit of all laws now existing or hereafter
enacted providing for any appraisal before sale of the property or any part thereof hereby
conveyed in trust, or extending the time for collection of the above said indebtedness or
for foreclosure or redemption, or otherwise limiting, modifying or curtailing the associat-
ion’s rights hereunder. Except such as are contrary to or inconsistent with ahy valid pro-
Vision hereof, express or implied, the laws of the State of Texas now in force, relating
and so far as applicable to the payment and collection of the aforesaid indebtedness and
foreclosure of this deed of trust, are hereby adopted and made a part hereof. If any pro-
vision or provisions herein be or become void for repugnancy to any valid statutory enact-
ment or constitutional measure of the State of Texas, existent or hereafter enacted or adopt
only such provision or provisions and no other shall be affected by such repugnancy.
•° interest in excess of the rate allowed by the laws of the State of Texas shall be paid
° charged on the aforesaid indebtedness or any part thereof, and the payment and receipt
N A «
mn- such excess shall be deemed a mutual mistake, and full and proper adjustment or re-
fund shall be effected in respect thereof.
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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/m1/65/?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.