Deed of Trust and Security Agreement
THE STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF CHAMBERS
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
That the undersigned, BLUE RIDGE REAL ESTATE COMPANY, a Pennsylvania
Corporation, hereinafter called Grantors (whether one or more), in consideration
of TEN AND NO/100 DOLLARS ($10.00) cash in hand paid by KENNETH D. MOORE,
hereinafter called Trustee, whose address is P.O. Drawer N, Anahuac, Texas
77514, the receipt of which payment is hereby acknowledged and confessed, and of
the debt and trust hereinafter mentioned have Granted, Bargained, Sold and
Conveyed, and by these presents do Grant, Bargain, Sell and Convey unto Trustee,
and unto the successor or substitute Trustee hereinafter provided, the following
described property situated in Chambers County, Texas, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL INTENTS AND
PURPOSES;
together with all improvements thereon and hereafter placed thereon, and all
fixtures, materials, equipment, apparatus, and other property, real and
personal, now or hereafter installed on the above described property or the
improvements thereon which property upon installation becomes legally known as a
"fixture" under the common and/or statutory law of the State of Texas,
including, but not limited to, all heating, lighting, refrigeration, plumbing,
ventilating, incinerating, water-heating, cooking and air-conditioning
equipment, fixtures and appurtenances, window screens, window shades, Venetian
blinds, awnings, floor coverings and shrubbery and all renewals, replacements
and substitutions thereof and additions thereto, all of which said property and
fixtures shall be deemed to be a part of and affixed to the above described real
property; and all rents, income and profits arising from any part of the above
described property and the use thereof:
TO HAVE AND TO HOLD the above described property, together with all and singular
the rights, privileges, hereditaments and appurtenances thereunto in anywise
incident, appertaining or belonging (all of which is hereinafter called
premises) unto Trustee, and his successors or substitutes forever; and Grantors
hereby bind themselves, their heirs, successors and legal representatives, to
warrant and forever defend said premises unto Trustee, his successors and
substitutes, against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
This conveyance is made in trust on the following trusts, terms and conditions,
and for the purpose of securing and enforcing the payment of an indebtedness, as
evidenced in part by a certain promissory note (hereinafter called Note) of even
date herewith in the principal sum of ONE MILLION FIFTY THOUSAND AND NO/100
DOLLARS ($1,050,000.00), being payable and bearing interest before and after
maturity thereof as therein specified, containing certain accelerating maturity
and attorney's fee collection clauses, as specified therein, executed by
Grantors and payable to the order of BARBERS HILL BANKING CENTER, a branch of
ANAHUAC NATIONAL BANK, (hereinafter, together with