Travis County Deed Records: Deed Record 604 - Deeds of Trust Page: 88
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m. and 4 o’clock p.m., to the highest bidder for cash-selling all
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be entitled to the immediate possession thereof, and upon failure to surrender possession,
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as tenants of such purchaser. This remedy is cumulative of any and all other remedies the
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purchaser may have hereunder, or otherwise.
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herein conferred on said Trustee herein named, and his conveyance to the purchaser shall
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be equally valid and effective; and such right to appoint a successor or substitute Trustee
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cannot or will not act.
It is further expressly stipulated and understood that the lien hereby created shall
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of the third part, or any other holder thereof, the full amount of principal,
attorney’s fees due and unpaid on said indebtedness as hereinbefore set forth,
thereof, without other formality than an appointment and designation in writing, and this
hours of 10 o’clock a.
he shall thereupon hold, possess and execute all the title, rights, powers and duties
named to act, a successor and substitute may be named, constituted and appointed by the
conveyance shall vest in him, as Trustee, the estate and title in all said premises, And
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take precedence over and be a prior lien to any other lien of any character, whether
the purchaser as landlord, shall have the right to go into any Justice of the Peace Court
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purchaser at said sale shall be full evidence of the truth of the matters therein stated,
and all prerequisites to said sale shall be conclusively presumed to have been performed,
and such sale and conveyance shall be conclusive against the parties of the first part
herein, their heirs and assigns, whether such prerequisites shall have been performed or
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Parties of the first part specifically agree that, after any sale under this deed of
in the precinct and county in which the property is located, and file an action for forci
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shall exist as often and whenever from any causes any Trustee, original or substitute,
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said party of the third part herein, or other holder of said indebtedness, or any part
the balance of the purchase money, if any, to the said parties of the first part, their
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In case of the absence, death, inability, refusal or failure of the Trustee herein
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first part, their heirs and assigns. And said party of the third part,. or other holder of
the indebtedness shall have the right to purchase at such sale, being the highest bidder.
It is expressly understood and agreed that the recitals in the conveyance to the
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assigns; and said sale shall forever be a perpetual bar against the said parties of the
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the property above conveyed as an entirety or in parcels, as the Trustee acting may elect-
and make due conveyance to the purchaser 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 con-
veyance, including a commission of five per cent, to himself, and then to the said party
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of said property, or any part thereof, at such Trustee’s sale, and that such purchaser shall
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trust, they or their heirs or assigns, shall be mere tenants at sufferance of the purchaser
detainer, which action shall lie against parties of the first part, their heirs or assigns,
said party of the third part og other holder of the indebtedness hereby secured or’any
part thereof (which request is hereby presumed), to enforce this Trust; and after advertis-
ing the time, place and terms of the sale of all the hereinbefore conveyed and described
property for at least twenty-one days successively next before the day of the sale, by
posting up written or printed notices thereof at three public places in such county where
said real estate is situated, one of which shall be at the court house door of said county,
which notices may be posted by the Trustee acting or by any other person, to sell the same
in accordance with such advertisement, at public auction, in front of the door of the court
house of such County in the State of Texas, on the first Tuesday in any month, between the
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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/m1/94/?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.