Preview
Filed
12 January 3 A10:12
Cause No. 2011-41018-362 District Clerk
IN THE DISTRICT COURT
OF DENTON COUNTY, TEXAS
362 JUDICIAL DISTRICT
362; \n re: Order for Foreclosure Concerning ANN F. DEVORE
(collectively “Respondent” a h} Colony Boulevard, The Colony, Texas 75056
fent, arein default under a security
T. art. XVI, § 50(a)(6). This
BT. al 1, § 50(a)(6)(D}, to allow it
lication under the security
You may employ an attorney. If you or your atorne e.a written response with the
clerk of the court at 1450 &. McKinney Street, Det 452%
on Monday February 13, 2012, an order authorizing glosu
grants the application, the foreclosure sale will be conduct ed vind:
Prop. CODE § 51.002.
The attached applicatioh-alleges
instrument creating a lien on your homested
application is now pending in this court.
Applicant seeks a court order, aS
to sell at public auction the property describe
instrument and Tex. PROP. CODE § 51.002.
be signed. Ifthe court
mney and TEX.
You may file a response setting out as many matters,wre
may be necessary and pertinent to contest the application. If aresponse js court will hold a
hearing at the request of the applicant or respondent.
In your response to this application, you must provide’ yo!
addition, you must send a copy of your response to Carolyn A. Tay
Askanase, L.L.P., 333 Clay, Suite 2900, Houston, Texas 77002.
0003723827 Fmncm/0308
Sheri Adelstein
Denton SelTHIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR SOLELY FROM
CERTAIN REA OPERTY AND NOT FROM YOU PERSONALLY, AND ANY INFORMATION
IE USED FOR THAT PURPOSE.
ISSUED
a) |
Carolyn A. Taylor (CTaylor@hwallp.com) TBA #08526800
Brendetta A. Scott (BScott@hwallp.cam) TBA #24012219
jominique M. Vamer (DVamer@hwallp.com) TBA #00791 182
isten Baker (KBaker@hwallp.com) TBA #24073881
fascal Arteaga (PArteaga@hwallp.com) TBA #24064838
atrick McCarren (PMccarren@hwa.com) TBA #24051670
0003723827 Fmnerm/0308CERTIFICATE OF SERVICE
& true and correct copy of this notice with a copy of the application was sent via
lar mail to the defendants listed below on theSra_ day of Ka at Ore .
C/M R.R.R. 7196 9008 91114 0848 7740
AND REGULAR U.S. MAIL
ralyn A. Taylor (CTaylor@hwallp.com) TBA #08526800
rendetta A. Scott (BScott@hwallp.com) TBA #24012219
ique M. Varner (DVarner@hwallp.com) TBA #00791 182
Domini
isten-Raker (KBaker@hwallp.com) TBA #24073881
Artsaga (PArteaga@hwallp.com) TBA #24064838
Carren (PMecarren@hwa.com) TBA #24051670
0003723827 Fmncnv/0308Cause No. ZOW-4pOrd- 362
Bred '2lealit
§ IN THE DISTRICT COURT
:
§ OF DENTON COUNTY, TEXAS
§
§
§ Bernd _ JUDICIAL DISTRICT
§
§
§
§
ITED FORECLOSURE PROCEEDING
& TEXAS RULES OF CIVIL PROCEDURE
of the debt, is obligated to pay the debt secure
2. The praperty which is the subject of
(Property).
3. The Property is encumbered by a Texas Home Eq!
2004 to DON W. LEDBETTER, as Trustee, recorded under File No, 2004-163
Official Real Property Records of Denton County, Texas, which secures the ayment of
0003723827 Fmnenv0308that certain Texad Home Equity Note dated December 08, 2004 in the original principal
SEVEN THOUSAND FIVE HUNDRED AND 00/100 ($97,500.00), bearing
as therein set out to the order of NATIONAL CITY MORTGAGE
Nntire unpaid principal balance
thereof has been declared due and payable in full but, aid. The approximate principal
balance owing on the Home Equity Note as of Nov
WHEREFORE, PREMISES CONSIDERED, Applica
0003723827 Fmncmy0308Respectfully submitted,
By QM). So
Brendetta A. Scott (BScott@hwallp.com) TBA #24012219
Dominique M. Varner (DVamer@hwalip.com) TBA #00791182
Kristen Baker (KBaker@hwallp.com) TBA #24073881
oPascal Arteaga (PArteaga@hwallp.com) TBA #24064838
Patrick McCarren (PMccarren@hwa.com) TBA #24051670
HUGHES, WATTERS & ASKANASE, L.L.P.
33 Clay, Suite 2900
louston, Texas 77002
13) 759-0818 telephone
13) 759-6834 telecopier
Be
Oy
0003723827 Fmncnv/0308VERIFICATION
BEFORE ME, the undersigned Notary Public, on this day personally appeared
who, being first duly sworn, states that he/she is
of Applicant, PNC BANK, NATIONAL
‘and, based upon his/her examination of the business records for
1 number 0003723827 and property address of 5029 NORTH
THE COLONY, TEXAS 75056, including the Note and
Swom to before me and subscribed in
Dec. lt.
My commission expires,
3-4-2015.
J
LUANN D. JONES
Notary Public, State of Ohio
‘My Commission Expires March 4, 2015
SEAL
Notary Public/ EXHIBIT Lio 3703837
a 1A | oo erg -mr
Tevore
ECURITY INSTRUMENT
. Loan Number 0003723827
Lien) MERS Number
Notice of confidentiality rights
following information frem
Social Security Number or Your Di
you may remove or strike any of the
d for record in the public records; Your
This Security Instrument is uot intendes-to find y disition af the Property.
DEFINITIONS
Words used in multiple sections of this document are defined belo. (ds ars’defined in Sections 3, 10, 12, 17, 19,
20 and 2), Contain rules regarding the usage of words used’ document 3 ptovided in Section 15.
(A) “Security Instrument" means this document, which is dated E $, 2004, together with all Riders to this
abcument.
(B) "Borrower" is ANN F. DEVORE, A SINGLE PERSON. Bordwer is ye
(C) “Lender” is NATIONAL CITY MORTGAGE CO.. Lender is a Z
THE STATE OF OHIO. Lender's address is 3232 NEWMARK DR
any bolder of the Note who is entitled to receive payments under th
Instrument.
(D) "Trustee" is DON W. LEDBETTER. Trustec’s address is 17130 Q
FEXAS 75248.
(E) "Note" means the promissory note signed by Borrower and dated DECEMBER 3/4
owes Lender NINETY-SEVEN THOUSAND FIVE HUNDRED AND 00/1001hs
Borrower has promised to pay this debt in regular Periodic Payments and to pay the débt i a NUARY 1,
2020.
(F) "Property" means the property thal is described below under the heading “Transfer of Rights
(G) "Extension of Credit” means the debt evidenced by the Note, as defined by Section SO
Constitution and all the documents executed in connection. with the debt.
is Security Instrument,
and existing under the laws of
HIO 4: Lender includes
beneficis r this Security
ITE. 135, DALLAS,
Borrawer initials
TRXAS HOME EQUITY: SECURITY INSTRUMENT iFirst itn)-Fapnie Mae/Freddie ‘Mac UNIFORM INSTRUMENT Form 3044.1 2/04 (rev. 10/02)
(rage # of 15 pages)
1
'(H) "Riders”‘meaps all riders to this Security Instrument that are executed by Borrower, The following riders are to be
executed bY Borrower [check box as applicable):
Opéxas Home Equity Condominium Rider CAdjustable Rate Rider
F Development Rider COther [Specify]
(D "hpplicable Law" mes Ontrolling applicable federal, state and iocal statuies, regulations, ordinances and
administrative rules s (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
Q) "Commutnity_A ida Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
a condominium association, homeowners association or similar organization.
as any transfer of funds, other than a transaction originated by check, draft, or
tiie] through an electronic terminal, telephonic instrument, computer, OF magnetic
2 fancial institution to debit or credit an account. Such term includes, but is not
tel teller machine transactions, transfers jnitiated by telephone, wire transfers,
(K) "Electronic F
similar paper instrument
tape so as to order, jase
limited to, point-o&Sale fa
fouse transfers.
settlement, award of damages, or proceeds paid by any third
described in Section 5) for: (i) damage to, or destruction of,
part of the Property; (iii) conveyance in lieu of condemnation;
And/or condition of the Property.
ount due for (i) principal and interest under the Note, plus (ii)
party (other than insurance process paid yn
the Psoperty; (3i) condemnacion6r otherAaking-of 4
‘or (iv) misrepresentations of, or omissfons 46 to, the valty
(N) “Periodic Payment" means the/reg
any amounts under Section 3 of this §
(0) “RESPA” means the Real Estate Procedure;
regulation, Regulation X (24 C.F.RAP
S.C. £2601 et seq.) and its implementing
amended from time to time, or eny additional or
successor legislation oF regulation that 3 sth hsed in this Security Instrument, “RESPA"
refers so all requirements and restrictions that are g derally related mortgage loan" even if the
Extension of Credit does not qualify as a “federally rele e REGPA.
(P) “Successor in Interest of Borrower" meaps a
has assumed Borrower's obligations under the Nots
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the r&pa fension of Credit, and all extensions and
modifications of the Note; and (ii) the performance of Borro and agreements under this Security
Instrument and the Note. For this purpose, Borrower irrevocdbly grants ay eys to Trustee, in trust, with power of
sale, the following described Property located in the col ON, :
{Type of Recording Ju of Recording Jurisdiction}
BEING LOT 25, IN BLOCK 84, OF THE COLONY NO. muohry OF THE
COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THER {N VOLUME
15, PAGE 43, PLAT RECORDS, DENTON COUNTY, TEXAS
‘Borrower initials
“TEXAS HOME EQUITY: SECURITY PNSTRUMENT (First Licn} Fannie MaefFredabe: ‘Mac UNIFORM INSTRUMENT Form 3044.1 1/01 (rev. 10703)
page 2 of 15 pages)as the address of $029 NORTH COLONY BOULEVARD
{Street}
75056 ("Property Address”):
[Zip Code]
ferred toin this Security Instrument as the "Property"; provided however, that the
Property is limited to homested erty Wm accordance with Section 5Q{a)(6)(H), Article XVI of the Texas Constitution.
is unencumbered, except for encumbrances of record, Borrower warrants
against all claims and demands, subject to any encumbrances of record.
Borrower and Lender covengrtt and-dgree as follows:
nterest, Escrow Items, and Late Charges. Borrower shall pay when due the principal
©and any late charges due under the Note. Borrower shall also pay funds
for Escrow Items pursuant to Section/3. Yer che Note and this Security Instrument shal] be made in U.S.
currency. However, if any check ii tceived by Lender as payment under the Note or this Security
this Security Insurument be made in o1 h & form, as Selected by Lender: (a) cash; (b) money order;
{c) certified check, bank check, treasurt ce as ded ‘gny such check is drawn upon an institution
whose deposits are insured by a federal agency,i i rd) Electronic Funds Transfer.
Payments are deemed received by Lender when iyed iw designated in the Note or at such other
the Extension of Credit current.
‘redit current, without waiver of
in the future, but Lender is not
& +h Periodic Payment is applied as of its
scheduled due date, ucn Lender need not pay interest i Lénder may hold such unapplicd funds until
Borrower makes payment to bring the Extension of Credit current. JB r does not do so within a reasonable period
i B p applied-eaglier, such funds wiil be applied
payment or partial payment if the payment or péiti
Lender may accept any payment or partial payment;
any rights hereunder or prejudice to its rights to refuse su
to the outstanding principal balance under the Note immediately pri
might have now or in the future against Lender shall relieve Borrower fry aking payin due under the Note and this
Security Instrument or performing the covenants and agreements secured)
2. Application of Payments or Proceeds. Except as otherwisd defcribed in this Secyion 2, all ents accepted
and apptied by Lender shall be applied in the following order of priority} (a) interest due unger thy ) principal due
under the Note; (c) amounts due under Section 3. Such payments shal! be applied-to each Period ayment in the arder in
which it became due. Any remaining amounts shalt be applicd first to late cl cond ether amounts due under
this Security Instrument, and then to reduce the principal! balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payme!
pay any late charge due, the payment may be applied to the delinquent payment 3
Periodic Payment is outstanding, Lender may apply any payment received from Borrower jo
Payments if, and to the extent that, each payment can be paid in full. To the extent that anf
is applied to the fuil payment of one or more Periodic Payments, such excess may be
Voluntary prepayments shall be applied as described in the Note.
Borrower Initials
TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fanolc Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.1 1201 (rev, 10:03)
poze 3 of 15 pages)payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shali
me the due date, or change the amount, of the Periodic Payments.
sfor Escrow tems, Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
i m(the "Funds" to provide for payment of amounts due for: (a) taxes and assessments
ain ppority over this Security Instrument as a Jien or encumbrance on the Property; (b}
teasehold\ payments or gro) efs on the Property, if any; and (c) premiums for any and all insurance required by
Lendek ulder Section 5¢ es items are called “Escrow Items.” At origination or at any time during the term of the
Extensiog 0! i may require that Community Association Dues, Fees, and Assessments, if any, be escrowed
by Borrowe sassessments shall be an Escrow Item. Borrowers shall promptly furnish to Lender all
notices of amo id is Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
waives Borrower’s obligath a nds for any or all Escrow Items, Lender may waive Borrower’s obligation to
pay to Lender Funds for 3 Items at any time. Any such waiver may only be in writing, In the event of
when and where payable, the amounts due for any Escrow Items for which
rs énder and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period~“as nder may require, Borrower's obligation to make such payments and to provide
es dée o-be-a covenant and agreement contained in this Security Instrument, as the
phrase “covenant and agreenfent’ 4S y i Borrower is obligated to pay Escrow Items directly, pursuant to a
Rscrow Item, Lender may exercise its rights under Section 9 and
pay such amount and Borrower shail thea be obligated|untler Section 9 to repay to Lender any such amount. Lender may
revoke the waiver as to any or al} Escrow }tems at gt jotice given in accordance with Section 14 and, upon
uch amounts, that are Uien required under this Section 3.
Lender may, at any time, collect ahd hold Eun ing unt'4) spfficient to permit Lender to apply the Funds at the
time specified under RESPA, and (b) not Gunt aNentler can require under RESPA. Lender shall
estimate the amount of Funds due on the basis of currep imates of expenditures of future Escrow
Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an insticution
Gncluding Lender, if Lender is an institution whte;
shall apply the Funds to pay the Escrow Ttems no later, e
Borrower for holding and applying the Funds, annual ayzi account, or verifying the Escrow Items,
unless Lender pays Borrower interest on the Funds and y
agreement is made in writing or Applicable Law requires interest to
pay Borrower any interest or earnings on the Funds. Borrower and
shall be paid on the Funds, Lender shall give to Borrower, wil
by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, lount to Borrower for the excess
funds in accordance with RESPA. If there is a shortage of Funds held in\escrow, as defincs under Rf , Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Ledethe amount ne
in accordance with RESPA, but in no more than twelve monthly payme
escrow, as defined under RESPA, Lender shall notify Borrower as required by
the amount necessary (0 make up the deficiency in accordance with RESPA,
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender's
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, 8
Property which can attain priority over this Security Instrument, leasehold payments oh g
any, and Community Association Dues, Fees, and Assessments, if any. To the extent thal
Borrower shall pay them in the manner provided in Section 3.
al agency, instrumentality, or entity
‘edera) Home Loan Bank, Lender
gid on the Funds, Lender shall not be required to
an agreein writing, however, that interest
accovnting of the Funds as required
Borrower Initials
TEXAS HOME EQUITY SECURITY INSTRUMENT (First Liea)-Fannle Mae/Preddic Mac UN(FORM INSTRUMENT Form 3044.1 1/01 (rev. 10703)
(page 4 of 15 pages)Borrower shall pyoinptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
iting tothe payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as
efforming such agreement; (b) contests she jien in good faith by, or defends against enforcement of the lien
a eedings which in Lendes’s opinion operate to prevent the enforcement of the lien while those proceedings are
pendihg, ‘Oceesings are concluded; or (c) secures from the holder of the lien an agreement
satisfactoky 10 Lender subordifating”the lien to this Security Instrument. If Lender determines that any part of the Property
is subject it jolt can atfain priority over this Security Instrument, Lender may give Borrower a notice identifying
the lien\ Within 10 6f the date on which that notice is given, Borrower shall satisfy the lien or take one or more of
Lender may Tequire Borrower tpa
by Lender in connection with this Exténsjon of Credit.
5. Property li é Borrower) shall keep the improvements now existing or hereafter erected on the Property
lud¢d within the term "extended coverage," and any other hazards including, but
not limited to, earthquakes and flpdds, for which Lender requires insurance. This insurance shail be maintained in the
amounts (including deductible Je énd for the periods that Lender requires. What Lender Tequires pursuant to the
preceding sentences can change d SAE tension of Credit, The insurance carrier providing the insurance
shall be chosen by Borrower ors toMisapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Bor jn\connection with this Extension of Credit, either: (a) a one-time
charge for flood zone determinatio a lacking services; or (b) 2 one-time charge for flood zone
determination and certification services| and subseqye ach_time remappings or similar changes occur which
imposed by the Federal Emergency Maga agency in.cdnnegiion Witbhe review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lsnd abtain insurance coverage, at Lender’s
option and Borrower’s expense. Lender is unde a particular type or amount of coverage.
rrower's equity in the Property,
Teater or lesser coverage than was
Therefore, such coverage shall cover Lender, but tyig
or the contents of the Property, against any risk, hazard or Jj
the cost of insurance that Borrower could have abtained Sursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instruy Piése amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with sucb est, upon-tiotice from Lender to Borrower requesting,
payment.
‘All insurance policies required by Lender and renewals of such policy
such policies, shall include a standard mortgage clause, and shall nanje
payee. Lender shall have the right to hold the policies and cenewe
promptly give to Lender all receipts of paid premiums and renewal a
coverage, not otherwise required by Lendez, for damage to, or destructte ch policy shail include a
standard mortgage clause and shall name Lender as mortgagee and/or as an additional 19
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Le q
loss if not made promptly by Borrower. Unless Lender and Borrower otherwise dgreeth writing, an} aranse proceeds,
whether or not the underlying insurance was required by Lender, shall be applied to restoration 01 f
if the restoration or repair is economically feasible and Lender’s security is not lessened
restoration period, Lender shall have the right to hold such insurance proceeds until \
inspect such Property to ensure the work has been completed to Lender's satisfaction, p1
be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a si
Lender's right to disapprove
and/or additional loss
rower shall
Borrower Initials
TEXAS HOME EQUITY SECURITY INSTRUMENT (Pirst Lien)-Fannie MagiFraddie Mac UNIFORM INSTRUMENT Form 304.1 1/0) (rev. 10/03)
(page 5 of 13 pages)progress payme asthe work is completed. Unless an agreement is made in writing or Applicable Law requires interest
to be paid6n such insurance proceeds, Lender shal) not be required to pay Borrower any interest or earnings on such
proceeds<” Fees” for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance
ods 3 jgation of Borrower. If the restoration or repair is not economically feasible or Lender's
securfty ould be lessened, th utance proceeds shall be applied to the sums secured by this Security Instrument,
or aot then due, excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order
matters, JF rt d within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender, fe and settle the claim. The 30-day period will begin when the notice is given. In
by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of
the Property. Lender may use, jn proceeds either to repair or restore the Propercy or to pay amounts unpaid
6. Qecupancy. Borrow e Property as Borrower's Texas homestead and shall continue to
occupy the Property as Borrower's feast one year after the date of this Security Instrument, unless
Lender otherwise agrees in writing, Which consent shall /not/be unreasonably withheld, or unless extenuating circumstances
7. Preservation, Maintenance\am e ‘ions. Borrower shail not destroy, damage
or impair the Property, allow the Property to dejerforate oy Co: een the Property. Whether or not Borrower is
residing in the Property, Borrower shall maintain the Prope i pcevent the Property from deteriorating or
pic e ction 5 that repair or restoration is not
economically feasible, Borrower shall promptly repait the i avaid further deterioration or damage. If
insurance or condemnation proceeds are paid in cognecti ith dama i ity of, the Property, Borrower shall
be responsible for repairing or restoring the Property only if a d Is for such purposes. Lender may
disburse proceeds for the repairs and restoratioa in a single i pries of progress payments as the work is
Lender may inspect the interior of the improvements on the Pripe
prior «# such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower's actions shall constftul \(6){c), Article
XVI of the Texas Constitution and Borrower shall be in default and may be held persomally Ji ‘debt evidenced
by the Note and this Security Instrument if, during the ‘Loan applicatio’ ¢ y persons or entities
aily false, misleading. or
inaccurate information or statements to Lender (or failed to provide Lender with mat ation) in connection with
the Loan or any other action or inaction that is determined to be actual fraud. Mateyid
limited to, representations concerning Borrower's occupancy of the Property a
fair market value of the property as described in Section 27.
9. Protection of Lender’s Interest in the Property and Rights Under this See
fails to perform the covenants and agreements contained in this Security Instrument, (b)
might significantly affect Lender’s interest in the Property and/or rights under this
Borrower Snitials
TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fannle Mae/Freddie Mar UNIFORM INSTRUMENT Form 3044.1 1/01 (rev. 10/03)
(poge 5 of 15 pages)over this Sect Jo ent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
dpay {ot whatever is reasonable or appropriate to protect ‘Lender's interest in the Property and rights under this
pfment, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Yender’s actions can ipefdde, but are not limited to: (a) paying any sums secured by a lien which has priority
over {his (Security Instrument; 4) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the
arity Instrument, including its secured position in a bankruptcy proceeding. Securing
the Propel bnit is pot limited to, entering the Property to make repairs, change locks, replace or board up doors
and winds ef from pipes, eliminate building or other code violations or dangerous condilions, and have
utilities turned g der may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligatio SONIt is agreed that Lender incurs no liability for not taking any or all actions
authorized under this bre granted by Borrower ta Lender or Trustee that would violate provisions of
the Texas Constitutie ‘ons of Credit as defined by Section 50(a)(6), Article XVI of the Texas
Any amounts disbursed by
ader this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amou i
+t at the Note rate from the date of disbursement and shat! be payabie,
R questing payment.
Jf this Security Instrument is on ptease er shall comply with all the provisions of the lease, If Borrower
acquires fee title to the Property, e fee title shall not merge unless Lender agrees to the merger in
writing.
18. Assignment of Miscellane isceilaneous Proceeds are hereby assigned to and
shall be paid to Lender.
If the Property is damaged, such Mis dl to restoration or repair of the Property, if
the restoration or repair is economically feasible and Lepd é eSsened. During such repair and restoration
period, Lender shall have the right to hold such Mifcellarfeous Pro
such Property to ensure the work has been cgfpls: A to Lender's satis
undértaken promptly. Lender may pay for the repairs and restdration’ ina
payments as the work is completed. Unless an agreement isnfade inf writing 0:
‘on such Miscellaneous Proceeds, Lender shal! not be reguifed to pa:
Miscellaneous Proceeds. If the restoration or repair is ne 2
the Miscellaneous Proceeds shall be applicd to the sums secured b
Appliva
sawer any interest or earnings on such
ent, whether or not then due, with
der provided for in Section 2.
Nscellaneous Proceeds shall be
the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or joss in value 01 air et value of the
Property immediately before the partial taking, destruction, or loss in ¥a han the amount of che
sums secured by this Security Instrument immediately before the paruatta ay or Joss in value, unless
Borrower and Lender otherwise agree in writing, the sums secured by this Securi t shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction:
immediately before the partial taking, destruction, or toss in value divided by t
immediately before the partial taking, destruction, or loss in value. Any balance shall be
In the event of a partial taking, destruction, or loss in value of the Property in Wwhi¢
Property immediately before the partial taking, destruction, or loss in value is less than d
immediately before the partial taking, destruction, or loss in value, unless Borrower
writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
sums are then duc.
Borrower initials
‘TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien}-Fanoie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.4 1/01 (rev, 10/03)
(page 7 of 13 posesIf the Proger abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined inthe peXt sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender
within 30 day after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds
either /to i i Property or to the sums secured by this Security Instrument, whether or not then duc.
“Opposing arty that owes Borrower Miscellaneous Proceeds or the party against whom Borrower
ard to Miscellaneous Proceeds.
jn defavit if any action or proceeding which is not commenced as a result of Borrower's default
fot secuped by a prior valid encumbrance against the homestead, whether civil or criminal, is
2 Sold result in forfeiture of the Property or othes material impairment of Lender’s
ts unde Security Instrument. Borrower can cure such a default and, if acceleration has
occurred, reinstate as provided“ in Section 18, by causing the action or proceeding to be dismissed with a ruling that, in
Lender’s judgment, dés forfeiture pf je Property or other material impairment of Lender’s interest in the Property
or rights under this ‘Sécurity Instrume e proceeds of any award or claim for damages that are attributable to the
impairment of Lender’s interest in th reby assigned and shall be paid to Lender.
Al} Miscellaneous Proceed d to restoration or repair of the Property shall be applied in the order
provided for in Section 2
11. Borrower Not Reléased; esfance BY} Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the /su ecured by) this Security Instrument granted by Lender 10 Borrower or any
a ¢ of Borrower or any Successors in Interest of
Interest of Bortower. Any forbearance by
fer’s acceptance of payments from third
amount then due, shall not be a waiver
and Assigns Bound, Borrower
. However, any person who signs
cy Instrument only to mortgage, grant and
scOrity Instrument and to comply with the
js not obligated to pay the sums secured
ees that this Security Instrument
the consent of each owner
reason of any demand made by the origi
Lender in exercising any right or remedy including,
persons, entities or Successors in Imerest of Borrowe or jer
of or preclude the exercise of any right or remedy
42. Joint and Sevcral Liability; Security iostrumen!
covenants and agrees that Borrower's obligations and liabi
this Security Instrument but does not execute the Note: @
convey the person's interest in the Property under
requirements of Section 50(a(6)(A), Article XVI of the Texas
by this Security Instrument and is uot to be considered a gf
establishes a voluntary lien on the homestead and constitutes tht K e
and each owner’s spouse; and (d) agrees that Lender and Borrower Can Agree to extend
accommodations with regard to the terms of the Note.
Subject to the provisions of Section 17, any Successor in Inierest\of a r's obligations
under this Security Instrument in writing, and is approved by Lender,‘ a Oweys rights and benefits
under this Security Instrument. Borrower sball not be released from Borrower's jgations” and liability under this
Security Instrument unless Lender agrees to such release in writing. The cover
Testrument shall bind (except as provided in Section 19) and benefit the successors and as
13. Extension of Credit Charges. Lender may charge Borrower fees forse i iP sgnhection with
Borrower's default, for the purpose of protecting Lender’s interest in the Property /and_rij i
Instrument, including, but not limited to, attorneys’ fees, property inspection and valuatig
fees, the absence of express authority in this Security Instrument to charge a spedjfi
construed as a prohibition on the charging of such fee. Lender may not charge fees that &
Security Instrument or by Applicable Law.
Borrower Initiais
TEXAS HOME EQUITY SECURITY INSTRUMENT [First Lien)-Fonnle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.1 101 (rev, 10/03),
‘boge 8 of 15 pages)of Credit is subject to a taw which sets maximum Extension of Credit charges, and that Jaw is finally
interpreted 40 the interest or other Extension of Credit charges collected or to be collected in connection with the
Extensip ‘redit exceed the permitted limits, then: (a) any such Extension of Credit charge shall be reduced by the
amour ge to the permitted limit; and (b) any sums already collected from Borrower which
exceefied/ permitted limits wil) Ue refunded to Borrower. Lender will make this refund by making a payment to Borrower.
The uch refund will extinguish any right of action Borrower might have arising out of
such over
by Borrower or Lender in connection with this Security Instrument must be in
writing. Any e ip-connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by fu or when actually delivered to Borrower's notice address if sent by other means.
The notice address Address unless Borrower has designated a substitute notice address by notice to
Lender. Borrower s] énder of Borrower's change of address. If Lender specifies a procedure for
reporting Borrower's change of gddress;“ then Borrower shail only report a change of address through that specified
procedure, There may be only otise.address under this Security Instrument at any one time, Any notice to
Lender shall be given by it by first class mail (but, by certified mail if the notice is given
actually received by Lender. If any noti is his Becurity Tnstrument i is also required under Applicable Law, the
Applicable Law requirement wil] satis! g
15, Governing Law; Severabi ‘ity Instrument shall be governed by federal
Instrument are subject 10 any Tequirements
and limitations of Applicable Law. Applicable Law mighy€xpti mw the parties to agree by contract or it
might be silent, but such silence shall not be constrved“as g iDitic 4 nt by contract. In the event that any
provision or clause of this Security InstrumentCr the wich Applit ww, such conflict shall not affect
other provisions of this Security Instrument or the i gE of the conflicting provision.
As used in this Security Instrument: (a) words of the chasi e al, mean and include corresponding neuter
16, Borrower’s Copies. Borrower shall be given at the i E f Credit is made, a copy of all
documents signed by Borrower related to the Extension of Credii
Property" means any legal or beneficial interest in the Property, inclidipg, but not limjted}to, those beneficial interests
transferred in a bond for deed, contract for deed, installment sales contract pr escrow agréemént, i f which is the
persop and a beneficial interest in Borrower is sold or transferred) without
require immediate payment in full of all sums secured by this Security Instr
exercised by Lender if such exercise is prohibited by Applicable Law.
written consent, Lender may
Wiis Gption shall not be
Borrower (nttials
‘TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fuanle Mae/Freddie Mac UNIFORM INSTRUMENT Form 304.1 MOL (sev, 30/03)
tpage 9 of 15 pages)the Property pursuant to any power of sale contained in this Security Instrument: (b) such other period as
i termination of Borrower’ 's right to reinstate; or (c} entry of a judgment enforcing this
‘as if no acceleration hed occurred; (b) cures any default of any other covenants or
» insofar as allowed by Section 50(a}(6), Article XV] of the Texas Constitution, incurred
or the Purpose of protecting Lender's interest in the Property and rights under this
action as Lender may reasonably require to assure that Lender's interest in the
strument, and Borrower's obligation to pay the sums secured by this Security
federal agency, instrumentality or ; Of (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
i e alremain fully effective as if no acceleration had occurred. However, this
Security Instrument, and Applicable La
sale of the Note. If there is a change of given written notice of the change which wil!
hich-payments should be made and any other
icing If the Note is sold and thereafter the
he Note, the mortgage loan servicing
cessor Loan Servicer and are not
icjal action (as either an individual Jitigant
fis Security [Instrument or that alleges that
ason of, this Security Instrument, until such
aptianse with the requirements ¢ of Section
Neither Borrower nor Lender may commence, join,
or the member of a class) that arises from the other party:
‘acceleration and
rower pursuant to
between Lender and Borrower, or between either of them and any third party, be conse
after receipt of notice to comply, as provided in this Section 19, with Lender's obligations
the full extent permitted by Section 50(a)(6), Article XVI of the Texas Constimtion. B
Extension of Credit is being made on the condition that Lender shall have 60 days after
the provisions of Section mae. Article XVI of the ‘Texas Constitution. As a precondition 8
Texas Constitution in connection with failure by Lender to comply with its obligations under this Exténsion of Credit.
Borrower will cooperate in reasonable efforts to correct any failure by Lender to comply with pee 50(a)(6), Article
XVI of the Texas Constitution. Borrower Zovials —_——
‘TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien}-Fannie Miae/Freddle Mac UNIFORM INSTRUMENT Form 3044.1 1/01 (rev. 10/03)
tooge 10 of 15 pages)any 0 the provisions of this Section 19, and the document may be reformed, by written
notice peCessity of the execution of any amendment or new document by Borrower, so that
Borrot or Lender's obfigatief shall be modified co conform to the Texas Constitution, and in no event shall Borrower
erform any act, ar be bound by any requirement which would conflict therewith.
er@nd Borrower are expressly limited so that any interest, Extension of Credit charge or
ive the payoff of the Extension of Credit. The
ete or this Security Instrument.
ances” are those substances defined as
the following substances: gasoline,
Cfbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive " means federal laws and laws of
the jurisdiction where the Property is located that relate to, pvitonmental protection; (c) "Environmentat
Cleanup” includes any response action, remedial actiony or yefmoval actip ‘fined in Environmental Law; and {d) an
"Environmental Condition" means a condition that can“cause, cop ta, or otherwise trigger an Environmental
Cleanup.
Borrower shall] not cause or permit the presence, use, disgo or release of\any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in the Property. shal] not Yo, \nor allow anyone else to do,
anything affecting the Property {a) that is in violation of any Envirg high creates an. Environmental
Condition, or (c) which, due to the presence, use, or release of a Hazagdoys Substance, Gxegtes a cont hat adversely
affects the value of the Property. The preceding two sentences sha a yse, oF Storage on the
Property of small quantities of Hazardous Substances that at are generally Te to normal residential
Environmental Cleanup.
Borcowee Initials
TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fanuie Mae/Freddie Mac UNUPORM INSTRUMENT Form 3044-1 1/01 (rey. 1003)
(oge HH of 15 pages)Section 21, inchuding,
The lien evidenced by this
its option, follow any rul
proceedings related to the \
Proceeding,
22. Power of Sale. It is the express Yatenti eyand BokyoweMthat Lender shall have a fully enforceable tien
on the Property. It is also the express intention of Lend Ne
most expeditious means of foreclosure available by and Trustee shall have all the powers
extent the Rules do not specify a
‘shalt apply, if Lender invokes the
any conflict between such procedure and the Rules, the Rules shajl pfevail, and this/prgvision oct be
peclosure of the lien a
Trustee’s deed conveying indefeasible title to the Property with covenants of g a
covenants and agrees to defend generally the purchaser’s title to the Property against at
in the Trustec’s deed shalt be prima facie evidence of the truth of the statements ma
proceeds of the sale in the following order: (a) to all expenses of the sale, including
reasonable Trustee’s and attorneys’ fees; (b} to all sums secured by this Security Insty
person or persons legally entitled to it.
court proceeding.
Borrower Initials
TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Vannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 344.1 1/01 (rev. 10/03)
oge 12 of 15 pages)23. RelpaSe. Within a reasonable time after termination and full payment of the Extension of Credit, Lender shall
a the Note to the owner of the Property and give the owner, in recordable form, a release of the lien
tension of Credit or a copy of an endorsement of the Note and assignment of the lien to a lender that is
is Owner shail pay only recordation costs. OWNER’S ACCEPTANCE OF SUCH
RELEASE, 31 ‘F AND ASSIGNMENT, SHALL EXTINGUISH ALL OF LENDER'S
OBLIGATIONS UND! ON 50(a)(6), ARTICLE X¥I OF THE TEXAS CONSTITUTION.
a N jability. Lender shall be subrogated to any and ai! rights, superior title, liens and equities
owned of glaiiéd by a holder of any tiens and debts outstanding immediately prior to execution hercof,
regardless of -whe id li ebts are acquired by Lender by assignment or are released by the holder thereof upon
performed,
Borrower understands that section 5 OADENC. Article XVI of the Texas Constitution provides that the Note is given
without personal liability aggifist 5a h Property and against the spouse of each owner unless the owner or
rights under this Security Instrume!
the spouse of an owner,
judgment could be obtained against Borrower, oF y Borrower's responsibilities under the Note or
this Security Instrument, including a judg from Lender's sale of the Property for an
amount less than is owing under the Note, thereby subj
If not prohibited by Section 50(a)(6XC), A jon, this Section 24 shal! not impair in
6 Kcr under the Note and this Security
Instrument or prejudice the right of Lender as to any covenants iti and this Security Instrument.
¢ Extension of Credix to repay another
28. Substitute Trustee; Trustee Liability. All rights, remedies apd dyties of Trustée under this Security Instrument
may be exercised or performed by one or more trustees acting alone or/togéther. Lender /at ils option, with or without
cause, may fromm ume to time, by power of attorney or otherwise,\remove or substitute st (dd one or more
trustees, or appoint a successor trustee to any Trustee without the necéssi a ity other an 2 designation by
Lender.
Borrower Initials Lh.
‘TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Funvic Mac/Freddic Mac UNIFORM [INSTRUMENT Form 3044.1 1/01 (rer, £0703)
age 13 of 13 poges?YOU MAY, WITHIN D. R CLOSING, RESCIND THIS EXTENSION OF CREDIT WITHOUT
PENALTY OR Cl
ANN F. DEVORE (Borrower) (Borrower)
Borrower) (Borrower)
(Borrower) Borrower)
[Space Below This Line For owledgme!
TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien}-Faanle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.1 1/01 irev. 10/03)
Gage 14 of 15 pages)Signature of Offices
(Personalized Seal)
TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Funnie Mae/Freddie Mac UNCFORM INSTRUMENT Forms 3044.1 1/01 (rev. 10703)
(age 15 of 13 pages)EXHIBIT
1 ® ,
Loan Number 0003723827 :
$ IS AN EXTENSION OF CREDIT AS DEFINED BY SECTION 50(a)6),
ARTICLE XVI OF THE TEXAS CONSTITUTION
HOME EQUITY NOTE i
(Fixed Rate - First Lien)
DECEMS: . THE COLONY » TEXAS
[Date] (cil Tsuxte]
5029 NORTH COLONY BOMLEVARD, (COLONY, TEXAS 75056,
(Property Address}
1. BORROWER’S PROMISE
This is an extension of
"Extension of Credit). in
to pay U.S. $97,500.00 (th
NATIONAL CITY MORTGAGE CQ. .
Section 50(a)(6), Article XVI of the Texas Constitution (the
sredit that 1 have received evidenced by this Note, I promise
‘callegPrigcipal”), plus interest, 10 the order of the Lender. The Lender is
ill make al\payynents under this Note in the form of cash, check or money
1 understand that the Lender may tr is Note. The Lender or anyone who takes this Note by transfer and who
1 understand that this is not an opel
extended from time to time.
‘The property described above by the “Ps y je (én of the Security Instrument exccuted
concurrently herewith (te “Security Instrument”). .
2. INTEREST '
Interest will be churged on unpaid principal ya q 2s bean paid. i will pay interest al a
yearly rate of 5.250%. It is agreed that the total ofa) te interest under applicable
jew shall not exceed the maximum amount of interést permitted ty aw. Not this Note or the Security
Instrument shall entitle the Note Holder upon any contingency of event whatsoever ,ifit dite by reason of acceleration of
tbe maturity or Prepayment of the Extension of Credit, to regéive prcoltect intesest or ther charges that constitute interest
in excess of the highest rate allowed by applicable law on th&Principal or op-4 mopetary obligation incurred to procect the
property described above authorized by the Security Instrument, any Gent shall T be obligated to pay interest in
excess of such rate, :
The interest rate required by this Section 2 is the rate ] will pa boys a
6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payrtients
I will pay principal and interest by making a payment every month.
1 will make my monthly payment on the 1ST day of each month beginying
payments every month until! have paid ali of the principal and interest and
owe under this Note, Each monthly payment will be applied as of its scheduleddu:
before Principal. If, on JANUARY ‘1, 2029, I still awe amounts under this Note,
date, which is called the "Maturity Date.”
{ will make my monihty payments at P.O. BOX 85020, LOUISVILLE, KENT!
place if required by the Nore Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $783.78.
4. BORROWER'S RIGHT TO PREPAY
1 have the right to make payments ‘of Principal at any time before they are due. A payment 0
as a “Prepayment.” When I muke a Prepayment, 1 will tell the Note Holder in writing that }3
designate a payment as a Prepayment if E have not made all the monthly payments due under the Note.
a feom tine to time or under which credit may be
TEXAS HOME PQUITY NOTE [Fined Rate-First Lea}-Feante MaeiFrediir Mac UNTFORM THSTRUMENT Forve S286. NgBE Gorw. 10703)
wage | 9f 4 pager)efuyment or partial Prepayments without paying & Prepayment charge. The Note Holder will use my
n¢ amount of Principal that | owe under this Note, However, the Note Halder may apply my Prepayment
id interest on the Prepayment amount, befare applying my Prepayment to reduce the Principal amount of
ake a partial Prepayment, there will ‘be no changes in the due date or in the amount of my monthly payment
ifs to those changes. Should the Note Holder agree in writing to such changes, my
paymelus t wially equal successive monthly installments.
Holder and me are expressly limited so that any interest, loan charges. or fees (other
than. interest) collected from me, any owner or the spouse of any owner of the property described above
in connecaby x ation, maintenance, recording, insuring or servicing of che Extension of Credit
shall not ext és¢ amount allowed by applicable law.
If a law, which applies to At Credit and which sets maximum loan charges, is finally interpreted so that
the interest or other loap ges to be collected in connection with this Extension of Credit exceed the
permitted Simits, then
permitted limit; and (bya
Note Holder will make wis refund
extinguish any right of action mighi ‘arising out of such overcharge.
{1 is the express intentiqn“of Jb d me to structure this Extension of Credit 10 conform to the
provisions of the Texas Constig tion app)ycable to sions of credit as defined by Section 50(a)(6), Article XVI of the
Texas Constitution, If, from any circuphstey ‘whatsoever, ahy promise, payment, obligation or provision of this Note,
the Security Instrument or any other foap document invdiving this Extension of Credit transcends the limit of validity
prescribed by applicable law, then suth promise, paymegt, opligation or provision shall be reduced to the limit of such
validity, of elimiuated as a requiremen if i ith sectrtaw, and such document may be reformed
by written notice from the Note Holder wit ww amendment or new document by
me.
‘The provisions of this Section 5 shall supersedé any inconsis Note or the Security Instrument.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
J€ the Note Holder has not received the full amex 7” cot FIFTEEN calendar days
erpe shall be reduced by the amount necessary to reduce the charge to the
from me which exceeded permitted limits will te refunded to me. The
infg a payment to me. The Note Holder’s paynient of any such refund will
after the datc it is due, 1 will pay ¢ late charge to the Note Holder. be 5.0 % of my overdue
payment of principal and interest. I will pay this late charge projap ile payment.
(B) Defauit
If I do not pay the full amount of each monthly payment 6
(C} Notice of Default
If | am in
Preview
Filed 12 January 3 A10:12 Cause No. 2011-41018-362 District Clerk IN THE DISTRICT COURT OF DENTON COUNTY, TEXAS 362 JUDICIAL DISTRICT 362; \n re: Order for Foreclosure Concerning ANN F. DEVORE (collectively “Respondent” a h} Colony Boulevard, The Colony, Texas 75056 fent, arein default under a security T. art. XVI, § 50(a)(6). This BT. al 1, § 50(a)(6)(D}, to allow it lication under the security You may employ an attorney. If you or your atorne e.a written response with the clerk of the court at 1450 &. McKinney Street, Det 452% on Monday February 13, 2012, an order authorizing glosu grants the application, the foreclosure sale will be conduct ed vind: Prop. CODE § 51.002. The attached applicatioh-alleges instrument creating a lien on your homested application is now pending in this court. Applicant seeks a court order, aS to sell at public auction the property describe instrument and Tex. PROP. CODE § 51.002. be signed. Ifthe court mney and TEX. You may file a response setting out as many matters,wre may be necessary and pertinent to contest the application. If aresponse js court will hold a hearing at the request of the applicant or respondent. In your response to this application, you must provide’ yo! addition, you must send a copy of your response to Carolyn A. Tay Askanase, L.L.P., 333 Clay, Suite 2900, Houston, Texas 77002. 0003723827 Fmncm/0308 Sheri Adelstein Denton SelTHIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR SOLELY FROM CERTAIN REA OPERTY AND NOT FROM YOU PERSONALLY, AND ANY INFORMATION IE USED FOR THAT PURPOSE. ISSUED a) | Carolyn A. Taylor (CTaylor@hwallp.com) TBA #08526800 Brendetta A. Scott (BScott@hwallp.cam) TBA #24012219 jominique M. Vamer (DVamer@hwallp.com) TBA #00791 182 isten Baker (KBaker@hwallp.com) TBA #24073881 fascal Arteaga (PArteaga@hwallp.com) TBA #24064838 atrick McCarren (PMccarren@hwa.com) TBA #24051670 0003723827 Fmnerm/0308CERTIFICATE OF SERVICE & true and correct copy of this notice with a copy of the application was sent via lar mail to the defendants listed below on theSra_ day of Ka at Ore . C/M R.R.R. 7196 9008 91114 0848 7740 AND REGULAR U.S. MAIL ralyn A. Taylor (CTaylor@hwallp.com) TBA #08526800 rendetta A. Scott (BScott@hwallp.com) TBA #24012219 ique M. Varner (DVarner@hwallp.com) TBA #00791 182 Domini isten-Raker (KBaker@hwallp.com) TBA #24073881 Artsaga (PArteaga@hwallp.com) TBA #24064838 Carren (PMecarren@hwa.com) TBA #24051670 0003723827 Fmncnv/0308Cause No. ZOW-4pOrd- 362 Bred '2lealit § IN THE DISTRICT COURT : § OF DENTON COUNTY, TEXAS § § § Bernd _ JUDICIAL DISTRICT § § § § ITED FORECLOSURE PROCEEDING & TEXAS RULES OF CIVIL PROCEDURE of the debt, is obligated to pay the debt secure 2. The praperty which is the subject of (Property). 3. The Property is encumbered by a Texas Home Eq! 2004 to DON W. LEDBETTER, as Trustee, recorded under File No, 2004-163 Official Real Property Records of Denton County, Texas, which secures the ayment of 0003723827 Fmnenv0308that certain Texad Home Equity Note dated December 08, 2004 in the original principal SEVEN THOUSAND FIVE HUNDRED AND 00/100 ($97,500.00), bearing as therein set out to the order of NATIONAL CITY MORTGAGE Nntire unpaid principal balance thereof has been declared due and payable in full but, aid. The approximate principal balance owing on the Home Equity Note as of Nov WHEREFORE, PREMISES CONSIDERED, Applica 0003723827 Fmncmy0308Respectfully submitted, By QM). So Brendetta A. Scott (BScott@hwallp.com) TBA #24012219 Dominique M. Varner (DVamer@hwalip.com) TBA #00791182 Kristen Baker (KBaker@hwallp.com) TBA #24073881 oPascal Arteaga (PArteaga@hwallp.com) TBA #24064838 Patrick McCarren (PMccarren@hwa.com) TBA #24051670 HUGHES, WATTERS & ASKANASE, L.L.P. 33 Clay, Suite 2900 louston, Texas 77002 13) 759-0818 telephone 13) 759-6834 telecopier Be Oy 0003723827 Fmncnv/0308VERIFICATION BEFORE ME, the undersigned Notary Public, on this day personally appeared who, being first duly sworn, states that he/she is of Applicant, PNC BANK, NATIONAL ‘and, based upon his/her examination of the business records for 1 number 0003723827 and property address of 5029 NORTH THE COLONY, TEXAS 75056, including the Note and Swom to before me and subscribed in Dec. lt. My commission expires, 3-4-2015. J LUANN D. JONES Notary Public, State of Ohio ‘My Commission Expires March 4, 2015 SEAL Notary Public/ EXHIBIT Lio 3703837 a 1A | oo erg -mr Tevore ECURITY INSTRUMENT . Loan Number 0003723827 Lien) MERS Number Notice of confidentiality rights following information frem Social Security Number or Your Di you may remove or strike any of the d for record in the public records; Your This Security Instrument is uot intendes-to find y disition af the Property. DEFINITIONS Words used in multiple sections of this document are defined belo. (ds ars’defined in Sections 3, 10, 12, 17, 19, 20 and 2), Contain rules regarding the usage of words used’ document 3 ptovided in Section 15. (A) “Security Instrument" means this document, which is dated E $, 2004, together with all Riders to this abcument. (B) "Borrower" is ANN F. DEVORE, A SINGLE PERSON. Bordwer is ye (C) “Lender” is NATIONAL CITY MORTGAGE CO.. Lender is a Z THE STATE OF OHIO. Lender's address is 3232 NEWMARK DR any bolder of the Note who is entitled to receive payments under th Instrument. (D) "Trustee" is DON W. LEDBETTER. Trustec’s address is 17130 Q FEXAS 75248. (E) "Note" means the promissory note signed by Borrower and dated DECEMBER 3/4 owes Lender NINETY-SEVEN THOUSAND FIVE HUNDRED AND 00/1001hs Borrower has promised to pay this debt in regular Periodic Payments and to pay the débt i a NUARY 1, 2020. (F) "Property" means the property thal is described below under the heading “Transfer of Rights (G) "Extension of Credit” means the debt evidenced by the Note, as defined by Section SO Constitution and all the documents executed in connection. with the debt. is Security Instrument, and existing under the laws of HIO 4: Lender includes beneficis r this Security ITE. 135, DALLAS, Borrawer initials TRXAS HOME EQUITY: SECURITY INSTRUMENT iFirst itn)-Fapnie Mae/Freddie ‘Mac UNIFORM INSTRUMENT Form 3044.1 2/04 (rev. 10/02) (rage # of 15 pages) 1 '(H) "Riders”‘meaps all riders to this Security Instrument that are executed by Borrower, The following riders are to be executed bY Borrower [check box as applicable): Opéxas Home Equity Condominium Rider CAdjustable Rate Rider F Development Rider COther [Specify] (D "hpplicable Law" mes Ontrolling applicable federal, state and iocal statuies, regulations, ordinances and administrative rules s (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. Q) "Commutnity_A ida Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are a condominium association, homeowners association or similar organization. as any transfer of funds, other than a transaction originated by check, draft, or tiie] through an electronic terminal, telephonic instrument, computer, OF magnetic 2 fancial institution to debit or credit an account. Such term includes, but is not tel teller machine transactions, transfers jnitiated by telephone, wire transfers, (K) "Electronic F similar paper instrument tape so as to order, jase limited to, point-o&Sale fa fouse transfers. settlement, award of damages, or proceeds paid by any third described in Section 5) for: (i) damage to, or destruction of, part of the Property; (iii) conveyance in lieu of condemnation; And/or condition of the Property. ount due for (i) principal and interest under the Note, plus (ii) party (other than insurance process paid yn the Psoperty; (3i) condemnacion6r otherAaking-of 4 ‘or (iv) misrepresentations of, or omissfons 46 to, the valty (N) “Periodic Payment" means the/reg any amounts under Section 3 of this § (0) “RESPA” means the Real Estate Procedure; regulation, Regulation X (24 C.F.RAP S.C. £2601 et seq.) and its implementing amended from time to time, or eny additional or successor legislation oF regulation that 3 sth hsed in this Security Instrument, “RESPA" refers so all requirements and restrictions that are g derally related mortgage loan" even if the Extension of Credit does not qualify as a “federally rele e REGPA. (P) “Successor in Interest of Borrower" meaps a has assumed Borrower's obligations under the Nots TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the r&pa fension of Credit, and all extensions and modifications of the Note; and (ii) the performance of Borro and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocdbly grants ay eys to Trustee, in trust, with power of sale, the following described Property located in the col ON, : {Type of Recording Ju of Recording Jurisdiction} BEING LOT 25, IN BLOCK 84, OF THE COLONY NO. muohry OF THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THER {N VOLUME 15, PAGE 43, PLAT RECORDS, DENTON COUNTY, TEXAS ‘Borrower initials “TEXAS HOME EQUITY: SECURITY PNSTRUMENT (First Licn} Fannie MaefFredabe: ‘Mac UNIFORM INSTRUMENT Form 3044.1 1/01 (rev. 10703) page 2 of 15 pages)as the address of $029 NORTH COLONY BOULEVARD {Street} 75056 ("Property Address”): [Zip Code] ferred toin this Security Instrument as the "Property"; provided however, that the Property is limited to homested erty Wm accordance with Section 5Q{a)(6)(H), Article XVI of the Texas Constitution. is unencumbered, except for encumbrances of record, Borrower warrants against all claims and demands, subject to any encumbrances of record. Borrower and Lender covengrtt and-dgree as follows: nterest, Escrow Items, and Late Charges. Borrower shall pay when due the principal ©and any late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section/3. Yer che Note and this Security Instrument shal] be made in U.S. currency. However, if any check ii tceived by Lender as payment under the Note or this Security this Security Insurument be made in o1 h & form, as Selected by Lender: (a) cash; (b) money order; {c) certified check, bank check, treasurt ce as ded ‘gny such check is drawn upon an institution whose deposits are insured by a federal agency,i i rd) Electronic Funds Transfer. Payments are deemed received by Lender when iyed iw designated in the Note or at such other the Extension of Credit current. ‘redit current, without waiver of in the future, but Lender is not & +h Periodic Payment is applied as of its scheduled due date, ucn Lender need not pay interest i Lénder may hold such unapplicd funds until Borrower makes payment to bring the Extension of Credit current. JB r does not do so within a reasonable period i B p applied-eaglier, such funds wiil be applied payment or partial payment if the payment or péiti Lender may accept any payment or partial payment; any rights hereunder or prejudice to its rights to refuse su to the outstanding principal balance under the Note immediately pri might have now or in the future against Lender shall relieve Borrower fry aking payin due under the Note and this Security Instrument or performing the covenants and agreements secured) 2. Application of Payments or Proceeds. Except as otherwisd defcribed in this Secyion 2, all ents accepted and apptied by Lender shall be applied in the following order of priority} (a) interest due unger thy ) principal due under the Note; (c) amounts due under Section 3. Such payments shal! be applied-to each Period ayment in the arder in which it became due. Any remaining amounts shalt be applicd first to late cl cond ether amounts due under this Security Instrument, and then to reduce the principal! balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payme! pay any late charge due, the payment may be applied to the delinquent payment 3 Periodic Payment is outstanding, Lender may apply any payment received from Borrower jo Payments if, and to the extent that, each payment can be paid in full. To the extent that anf is applied to the fuil payment of one or more Periodic Payments, such excess may be Voluntary prepayments shall be applied as described in the Note. Borrower Initials TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fanolc Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.1 1201 (rev, 10:03) poze 3 of 15 pages)payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shali me the due date, or change the amount, of the Periodic Payments. sfor Escrow tems, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, i m(the "Funds" to provide for payment of amounts due for: (a) taxes and assessments ain ppority over this Security Instrument as a Jien or encumbrance on the Property; (b} teasehold\ payments or gro) efs on the Property, if any; and (c) premiums for any and all insurance required by Lendek ulder Section 5¢ es items are called “Escrow Items.” At origination or at any time during the term of the Extensiog 0! i may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrowe sassessments shall be an Escrow Item. Borrowers shall promptly furnish to Lender all notices of amo id is Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower’s obligath a nds for any or all Escrow Items, Lender may waive Borrower’s obligation to pay to Lender Funds for 3 Items at any time. Any such waiver may only be in writing, In the event of when and where payable, the amounts due for any Escrow Items for which rs énder and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period~“as nder may require, Borrower's obligation to make such payments and to provide es dée o-be-a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreenfent’ 4S y i Borrower is obligated to pay Escrow Items directly, pursuant to a Rscrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shail thea be obligated|untler Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or al} Escrow }tems at gt jotice given in accordance with Section 14 and, upon uch amounts, that are Uien required under this Section 3. Lender may, at any time, collect ahd hold Eun ing unt'4) spfficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not Gunt aNentler can require under RESPA. Lender shall estimate the amount of Funds due on the basis of currep imates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an insticution Gncluding Lender, if Lender is an institution whte; shall apply the Funds to pay the Escrow Ttems no later, e Borrower for holding and applying the Funds, annual ayzi account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and y agreement is made in writing or Applicable Law requires interest to pay Borrower any interest or earnings on the Funds. Borrower and shall be paid on the Funds, Lender shall give to Borrower, wil by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, lount to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in\escrow, as defincs under Rf , Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Ledethe amount ne in accordance with RESPA, but in no more than twelve monthly payme escrow, as defined under RESPA, Lender shall notify Borrower as required by the amount necessary (0 make up the deficiency in accordance with RESPA, payments. Upon payment in full of all sums secured by this Security Instrument, Lender's Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, 8 Property which can attain priority over this Security Instrument, leasehold payments oh g any, and Community Association Dues, Fees, and Assessments, if any. To the extent thal Borrower shall pay them in the manner provided in Section 3. al agency, instrumentality, or entity ‘edera) Home Loan Bank, Lender gid on the Funds, Lender shall not be required to an agreein writing, however, that interest accovnting of the Funds as required Borrower Initials TEXAS HOME EQUITY SECURITY INSTRUMENT (First Liea)-Fannle Mae/Preddic Mac UN(FORM INSTRUMENT Form 3044.1 1/01 (rev. 10703) (page 4 of 15 pages)Borrower shall pyoinptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) iting tothe payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as efforming such agreement; (b) contests she jien in good faith by, or defends against enforcement of the lien a eedings which in Lendes’s opinion operate to prevent the enforcement of the lien while those proceedings are pendihg, ‘Oceesings are concluded; or (c) secures from the holder of the lien an agreement satisfactoky 10 Lender subordifating”the lien to this Security Instrument. If Lender determines that any part of the Property is subject it jolt can atfain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien\ Within 10 6f the date on which that notice is given, Borrower shall satisfy the lien or take one or more of Lender may Tequire Borrower tpa by Lender in connection with this Exténsjon of Credit. 5. Property li é Borrower) shall keep the improvements now existing or hereafter erected on the Property lud¢d within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and flpdds, for which Lender requires insurance. This insurance shail be maintained in the amounts (including deductible Je énd for the periods that Lender requires. What Lender Tequires pursuant to the preceding sentences can change d SAE tension of Credit, The insurance carrier providing the insurance shall be chosen by Borrower ors toMisapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Bor jn\connection with this Extension of Credit, either: (a) a one-time charge for flood zone determinatio a lacking services; or (b) 2 one-time charge for flood zone determination and certification services| and subseqye ach_time remappings or similar changes occur which imposed by the Federal Emergency Maga agency in.cdnnegiion Witbhe review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lsnd abtain insurance coverage, at Lender’s option and Borrower’s expense. Lender is unde a particular type or amount of coverage. rrower's equity in the Property, Teater or lesser coverage than was Therefore, such coverage shall cover Lender, but tyig or the contents of the Property, against any risk, hazard or Jj the cost of insurance that Borrower could have abtained Sursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instruy Piése amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with sucb est, upon-tiotice from Lender to Borrower requesting, payment. ‘All insurance policies required by Lender and renewals of such policy such policies, shall include a standard mortgage clause, and shall nanje payee. Lender shall have the right to hold the policies and cenewe promptly give to Lender all receipts of paid premiums and renewal a coverage, not otherwise required by Lendez, for damage to, or destructte ch policy shail include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional 19 In the event of loss, Borrower shall give prompt notice to the insurance carrier and Le q loss if not made promptly by Borrower. Unless Lender and Borrower otherwise dgreeth writing, an} aranse proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration 01 f if the restoration or repair is economically feasible and Lender’s security is not lessened restoration period, Lender shall have the right to hold such insurance proceeds until \ inspect such Property to ensure the work has been completed to Lender's satisfaction, p1 be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a si Lender's right to disapprove and/or additional loss rower shall Borrower Initials TEXAS HOME EQUITY SECURITY INSTRUMENT (Pirst Lien)-Fannie MagiFraddie Mac UNIFORM INSTRUMENT Form 304.1 1/0) (rev. 10/03) (page 5 of 13 pages)progress payme asthe work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid6n such insurance proceeds, Lender shal) not be required to pay Borrower any interest or earnings on such proceeds<” Fees” for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance ods 3 jgation of Borrower. If the restoration or repair is not economically feasible or Lender's securfty ould be lessened, th utance proceeds shall be applied to the sums secured by this Security Instrument, or aot then due, excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order matters, JF rt d within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender, fe and settle the claim. The 30-day period will begin when the notice is given. In by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use, jn proceeds either to repair or restore the Propercy or to pay amounts unpaid 6. Qecupancy. Borrow e Property as Borrower's Texas homestead and shall continue to occupy the Property as Borrower's feast one year after the date of this Security Instrument, unless Lender otherwise agrees in writing, Which consent shall /not/be unreasonably withheld, or unless extenuating circumstances 7. Preservation, Maintenance\am e ‘ions. Borrower shail not destroy, damage or impair the Property, allow the Property to dejerforate oy Co: een the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Prope i pcevent the Property from deteriorating or pic e ction 5 that repair or restoration is not economically feasible, Borrower shall promptly repait the i avaid further deterioration or damage. If insurance or condemnation proceeds are paid in cognecti ith dama i ity of, the Property, Borrower shall be responsible for repairing or restoring the Property only if a d Is for such purposes. Lender may disburse proceeds for the repairs and restoratioa in a single i pries of progress payments as the work is Lender may inspect the interior of the improvements on the Pripe prior «# such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower's actions shall constftul \(6){c), Article XVI of the Texas Constitution and Borrower shall be in default and may be held persomally Ji ‘debt evidenced by the Note and this Security Instrument if, during the ‘Loan applicatio’ ¢ y persons or entities aily false, misleading. or inaccurate information or statements to Lender (or failed to provide Lender with mat ation) in connection with the Loan or any other action or inaction that is determined to be actual fraud. Mateyid limited to, representations concerning Borrower's occupancy of the Property a fair market value of the property as described in Section 27. 9. Protection of Lender’s Interest in the Property and Rights Under this See fails to perform the covenants and agreements contained in this Security Instrument, (b) might significantly affect Lender’s interest in the Property and/or rights under this Borrower Snitials TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fannle Mae/Freddie Mar UNIFORM INSTRUMENT Form 3044.1 1/01 (rev. 10/03) (poge 5 of 15 pages)over this Sect Jo ent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender dpay {ot whatever is reasonable or appropriate to protect ‘Lender's interest in the Property and rights under this pfment, including protecting and/or assessing the value of the Property, and securing and/or repairing the Yender’s actions can ipefdde, but are not limited to: (a) paying any sums secured by a lien which has priority over {his (Security Instrument; 4) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the arity Instrument, including its secured position in a bankruptcy proceeding. Securing the Propel bnit is pot limited to, entering the Property to make repairs, change locks, replace or board up doors and winds ef from pipes, eliminate building or other code violations or dangerous condilions, and have utilities turned g der may take action under this Section 9, Lender does not have to do so and is not under any duty or obligatio SONIt is agreed that Lender incurs no liability for not taking any or all actions authorized under this bre granted by Borrower ta Lender or Trustee that would violate provisions of the Texas Constitutie ‘ons of Credit as defined by Section 50(a)(6), Article XVI of the Texas Any amounts disbursed by ader this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amou i +t at the Note rate from the date of disbursement and shat! be payabie, R questing payment. Jf this Security Instrument is on ptease er shall comply with all the provisions of the lease, If Borrower acquires fee title to the Property, e fee title shall not merge unless Lender agrees to the merger in writing. 18. Assignment of Miscellane isceilaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Mis dl to restoration or repair of the Property, if the restoration or repair is economically feasible and Lepd é eSsened. During such repair and restoration period, Lender shall have the right to hold such Mifcellarfeous Pro such Property to ensure the work has been cgfpls: A to Lender's satis undértaken promptly. Lender may pay for the repairs and restdration’ ina payments as the work is completed. Unless an agreement isnfade inf writing 0: ‘on such Miscellaneous Proceeds, Lender shal! not be reguifed to pa: Miscellaneous Proceeds. If the restoration or repair is ne 2 the Miscellaneous Proceeds shall be applicd to the sums secured b Appliva sawer any interest or earnings on such ent, whether or not then due, with der provided for in Section 2. Nscellaneous Proceeds shall be the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or joss in value 01 air et value of the Property immediately before the partial taking, destruction, or loss in ¥a han the amount of che sums secured by this Security Instrument immediately before the paruatta ay or Joss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Securi t shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: immediately before the partial taking, destruction, or toss in value divided by t immediately before the partial taking, destruction, or loss in value. Any balance shall be In the event of a partial taking, destruction, or loss in value of the Property in Wwhi¢ Property immediately before the partial taking, destruction, or loss in value is less than d immediately before the partial taking, destruction, or loss in value, unless Borrower writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security sums are then duc. Borrower initials ‘TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien}-Fanoie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.4 1/01 (rev, 10/03) (page 7 of 13 posesIf the Proger abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined inthe peXt sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 day after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either /to i i Property or to the sums secured by this Security Instrument, whether or not then duc. “Opposing arty that owes Borrower Miscellaneous Proceeds or the party against whom Borrower ard to Miscellaneous Proceeds. jn defavit if any action or proceeding which is not commenced as a result of Borrower's default fot secuped by a prior valid encumbrance against the homestead, whether civil or criminal, is 2 Sold result in forfeiture of the Property or othes material impairment of Lender’s ts unde Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided“ in Section 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender’s judgment, dés forfeiture pf je Property or other material impairment of Lender’s interest in the Property or rights under this ‘Sécurity Instrume e proceeds of any award or claim for damages that are attributable to the impairment of Lender’s interest in th reby assigned and shall be paid to Lender. Al} Miscellaneous Proceed d to restoration or repair of the Property shall be applied in the order provided for in Section 2 11. Borrower Not Reléased; esfance BY} Lender Not a Waiver. Extension of the time for payment or modification of amortization of the /su ecured by) this Security Instrument granted by Lender 10 Borrower or any a ¢ of Borrower or any Successors in Interest of Interest of Bortower. Any forbearance by fer’s acceptance of payments from third amount then due, shall not be a waiver and Assigns Bound, Borrower . However, any person who signs cy Instrument only to mortgage, grant and scOrity Instrument and to comply with the js not obligated to pay the sums secured ees that this Security Instrument the consent of each owner reason of any demand made by the origi Lender in exercising any right or remedy including, persons, entities or Successors in Imerest of Borrowe or jer of or preclude the exercise of any right or remedy 42. Joint and Sevcral Liability; Security iostrumen! covenants and agrees that Borrower's obligations and liabi this Security Instrument but does not execute the Note: @ convey the person's interest in the Property under requirements of Section 50(a(6)(A), Article XVI of the Texas by this Security Instrument and is uot to be considered a gf establishes a voluntary lien on the homestead and constitutes tht K e and each owner’s spouse; and (d) agrees that Lender and Borrower Can Agree to extend accommodations with regard to the terms of the Note. Subject to the provisions of Section 17, any Successor in Inierest\of a r's obligations under this Security Instrument in writing, and is approved by Lender,‘ a Oweys rights and benefits under this Security Instrument. Borrower sball not be released from Borrower's jgations” and liability under this Security Instrument unless Lender agrees to such release in writing. The cover Testrument shall bind (except as provided in Section 19) and benefit the successors and as 13. Extension of Credit Charges. Lender may charge Borrower fees forse i iP sgnhection with Borrower's default, for the purpose of protecting Lender’s interest in the Property /and_rij i Instrument, including, but not limited to, attorneys’ fees, property inspection and valuatig fees, the absence of express authority in this Security Instrument to charge a spedjfi construed as a prohibition on the charging of such fee. Lender may not charge fees that & Security Instrument or by Applicable Law. Borrower Initiais TEXAS HOME EQUITY SECURITY INSTRUMENT [First Lien)-Fonnle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.1 101 (rev, 10/03), ‘boge 8 of 15 pages)of Credit is subject to a taw which sets maximum Extension of Credit charges, and that Jaw is finally interpreted 40 the interest or other Extension of Credit charges collected or to be collected in connection with the Extensip ‘redit exceed the permitted limits, then: (a) any such Extension of Credit charge shall be reduced by the amour ge to the permitted limit; and (b) any sums already collected from Borrower which exceefied/ permitted limits wil) Ue refunded to Borrower. Lender will make this refund by making a payment to Borrower. The uch refund will extinguish any right of action Borrower might have arising out of such over by Borrower or Lender in connection with this Security Instrument must be in writing. Any e ip-connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fu or when actually delivered to Borrower's notice address if sent by other means. The notice address Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower s] énder of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of gddress;“ then Borrower shail only report a change of address through that specified procedure, There may be only otise.address under this Security Instrument at any one time, Any notice to Lender shall be given by it by first class mail (but, by certified mail if the notice is given actually received by Lender. If any noti is his Becurity Tnstrument i is also required under Applicable Law, the Applicable Law requirement wil] satis! g 15, Governing Law; Severabi ‘ity Instrument shall be governed by federal Instrument are subject 10 any Tequirements and limitations of Applicable Law. Applicable Law mighy€xpti mw the parties to agree by contract or it might be silent, but such silence shall not be constrved“as g iDitic 4 nt by contract. In the event that any provision or clause of this Security InstrumentCr the wich Applit ww, such conflict shall not affect other provisions of this Security Instrument or the i gE of the conflicting provision. As used in this Security Instrument: (a) words of the chasi e al, mean and include corresponding neuter 16, Borrower’s Copies. Borrower shall be given at the i E f Credit is made, a copy of all documents signed by Borrower related to the Extension of Credii Property" means any legal or beneficial interest in the Property, inclidipg, but not limjted}to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract pr escrow agréemént, i f which is the persop and a beneficial interest in Borrower is sold or transferred) without require immediate payment in full of all sums secured by this Security Instr exercised by Lender if such exercise is prohibited by Applicable Law. written consent, Lender may Wiis Gption shall not be Borrower (nttials ‘TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fuanle Mae/Freddie Mac UNIFORM INSTRUMENT Form 304.1 MOL (sev, 30/03) tpage 9 of 15 pages)the Property pursuant to any power of sale contained in this Security Instrument: (b) such other period as i termination of Borrower’ 's right to reinstate; or (c} entry of a judgment enforcing this ‘as if no acceleration hed occurred; (b) cures any default of any other covenants or » insofar as allowed by Section 50(a}(6), Article XV] of the Texas Constitution, incurred or the Purpose of protecting Lender's interest in the Property and rights under this action as Lender may reasonably require to assure that Lender's interest in the strument, and Borrower's obligation to pay the sums secured by this Security federal agency, instrumentality or ; Of (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security i e alremain fully effective as if no acceleration had occurred. However, this Security Instrument, and Applicable La sale of the Note. If there is a change of given written notice of the change which wil! hich-payments should be made and any other icing If the Note is sold and thereafter the he Note, the mortgage loan servicing cessor Loan Servicer and are not icjal action (as either an individual Jitigant fis Security [Instrument or that alleges that ason of, this Security Instrument, until such aptianse with the requirements ¢ of Section Neither Borrower nor Lender may commence, join, or the member of a class) that arises from the other party: ‘acceleration and rower pursuant to between Lender and Borrower, or between either of them and any third party, be conse after receipt of notice to comply, as provided in this Section 19, with Lender's obligations the full extent permitted by Section 50(a)(6), Article XVI of the Texas Constimtion. B Extension of Credit is being made on the condition that Lender shall have 60 days after the provisions of Section mae. Article XVI of the ‘Texas Constitution. As a precondition 8 Texas Constitution in connection with failure by Lender to comply with its obligations under this Exténsion of Credit. Borrower will cooperate in reasonable efforts to correct any failure by Lender to comply with pee 50(a)(6), Article XVI of the Texas Constitution. Borrower Zovials —_—— ‘TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien}-Fannie Miae/Freddle Mac UNIFORM INSTRUMENT Form 3044.1 1/01 (rev. 10/03) tooge 10 of 15 pages)any 0 the provisions of this Section 19, and the document may be reformed, by written notice peCessity of the execution of any amendment or new document by Borrower, so that Borrot or Lender's obfigatief shall be modified co conform to the Texas Constitution, and in no event shall Borrower erform any act, ar be bound by any requirement which would conflict therewith. er@nd Borrower are expressly limited so that any interest, Extension of Credit charge or ive the payoff of the Extension of Credit. The ete or this Security Instrument. ances” are those substances defined as the following substances: gasoline, Cfbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive " means federal laws and laws of the jurisdiction where the Property is located that relate to, pvitonmental protection; (c) "Environmentat Cleanup” includes any response action, remedial actiony or yefmoval actip ‘fined in Environmental Law; and {d) an "Environmental Condition" means a condition that can“cause, cop ta, or otherwise trigger an Environmental Cleanup. Borrower shall] not cause or permit the presence, use, disgo or release of\any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. shal] not Yo, \nor allow anyone else to do, anything affecting the Property {a) that is in violation of any Envirg high creates an. Environmental Condition, or (c) which, due to the presence, use, or release of a Hazagdoys Substance, Gxegtes a cont hat adversely affects the value of the Property. The preceding two sentences sha a yse, oF Storage on the Property of small quantities of Hazardous Substances that at are generally Te to normal residential Environmental Cleanup. Borcowee Initials TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fanuie Mae/Freddie Mac UNUPORM INSTRUMENT Form 3044-1 1/01 (rey. 1003) (oge HH of 15 pages)Section 21, inchuding, The lien evidenced by this its option, follow any rul proceedings related to the \ Proceeding, 22. Power of Sale. It is the express Yatenti eyand BokyoweMthat Lender shall have a fully enforceable tien on the Property. It is also the express intention of Lend Ne most expeditious means of foreclosure available by and Trustee shall have all the powers extent the Rules do not specify a ‘shalt apply, if Lender invokes the any conflict between such procedure and the Rules, the Rules shajl pfevail, and this/prgvision oct be peclosure of the lien a Trustee’s deed conveying indefeasible title to the Property with covenants of g a covenants and agrees to defend generally the purchaser’s title to the Property against at in the Trustec’s deed shalt be prima facie evidence of the truth of the statements ma proceeds of the sale in the following order: (a) to all expenses of the sale, including reasonable Trustee’s and attorneys’ fees; (b} to all sums secured by this Security Insty person or persons legally entitled to it. court proceeding. Borrower Initials TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Vannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 344.1 1/01 (rev. 10/03) oge 12 of 15 pages)23. RelpaSe. Within a reasonable time after termination and full payment of the Extension of Credit, Lender shall a the Note to the owner of the Property and give the owner, in recordable form, a release of the lien tension of Credit or a copy of an endorsement of the Note and assignment of the lien to a lender that is is Owner shail pay only recordation costs. OWNER’S ACCEPTANCE OF SUCH RELEASE, 31 ‘F AND ASSIGNMENT, SHALL EXTINGUISH ALL OF LENDER'S OBLIGATIONS UND! ON 50(a)(6), ARTICLE X¥I OF THE TEXAS CONSTITUTION. a N jability. Lender shall be subrogated to any and ai! rights, superior title, liens and equities owned of glaiiéd by a holder of any tiens and debts outstanding immediately prior to execution hercof, regardless of -whe id li ebts are acquired by Lender by assignment or are released by the holder thereof upon performed, Borrower understands that section 5 OADENC. Article XVI of the Texas Constitution provides that the Note is given without personal liability aggifist 5a h Property and against the spouse of each owner unless the owner or rights under this Security Instrume! the spouse of an owner, judgment could be obtained against Borrower, oF y Borrower's responsibilities under the Note or this Security Instrument, including a judg from Lender's sale of the Property for an amount less than is owing under the Note, thereby subj If not prohibited by Section 50(a)(6XC), A jon, this Section 24 shal! not impair in 6 Kcr under the Note and this Security Instrument or prejudice the right of Lender as to any covenants iti and this Security Instrument. ¢ Extension of Credix to repay another 28. Substitute Trustee; Trustee Liability. All rights, remedies apd dyties of Trustée under this Security Instrument may be exercised or performed by one or more trustees acting alone or/togéther. Lender /at ils option, with or without cause, may fromm ume to time, by power of attorney or otherwise,\remove or substitute st (dd one or more trustees, or appoint a successor trustee to any Trustee without the necéssi a ity other an 2 designation by Lender. Borrower Initials Lh. ‘TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Funvic Mac/Freddic Mac UNIFORM [INSTRUMENT Form 3044.1 1/01 (rer, £0703) age 13 of 13 poges?YOU MAY, WITHIN D. R CLOSING, RESCIND THIS EXTENSION OF CREDIT WITHOUT PENALTY OR Cl ANN F. DEVORE (Borrower) (Borrower) Borrower) (Borrower) (Borrower) Borrower) [Space Below This Line For owledgme! TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien}-Faanle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.1 1/01 irev. 10/03) Gage 14 of 15 pages)Signature of Offices (Personalized Seal) TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Funnie Mae/Freddie Mac UNCFORM INSTRUMENT Forms 3044.1 1/01 (rev. 10703) (age 15 of 13 pages)EXHIBIT 1 ® , Loan Number 0003723827 : $ IS AN EXTENSION OF CREDIT AS DEFINED BY SECTION 50(a)6), ARTICLE XVI OF THE TEXAS CONSTITUTION HOME EQUITY NOTE i (Fixed Rate - First Lien) DECEMS: . THE COLONY » TEXAS [Date] (cil Tsuxte] 5029 NORTH COLONY BOMLEVARD, (COLONY, TEXAS 75056, (Property Address} 1. BORROWER’S PROMISE This is an extension of "Extension of Credit). in to pay U.S. $97,500.00 (th NATIONAL CITY MORTGAGE CQ. . Section 50(a)(6), Article XVI of the Texas Constitution (the sredit that 1 have received evidenced by this Note, I promise ‘callegPrigcipal”), plus interest, 10 the order of the Lender. The Lender is ill make al\payynents under this Note in the form of cash, check or money 1 understand that the Lender may tr is Note. The Lender or anyone who takes this Note by transfer and who 1 understand that this is not an opel extended from time to time. ‘The property described above by the “Ps y je (én of the Security Instrument exccuted concurrently herewith (te “Security Instrument”). . 2. INTEREST ' Interest will be churged on unpaid principal ya q 2s bean paid. i will pay interest al a yearly rate of 5.250%. It is agreed that the total ofa) te interest under applicable jew shall not exceed the maximum amount of interést permitted ty aw. Not this Note or the Security Instrument shall entitle the Note Holder upon any contingency of event whatsoever ,ifit dite by reason of acceleration of tbe maturity or Prepayment of the Extension of Credit, to regéive prcoltect intesest or ther charges that constitute interest in excess of the highest rate allowed by applicable law on th&Principal or op-4 mopetary obligation incurred to procect the property described above authorized by the Security Instrument, any Gent shall T be obligated to pay interest in excess of such rate, : The interest rate required by this Section 2 is the rate ] will pa boys a 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payrtients I will pay principal and interest by making a payment every month. 1 will make my monthly payment on the 1ST day of each month beginying payments every month until! have paid ali of the principal and interest and owe under this Note, Each monthly payment will be applied as of its scheduleddu: before Principal. If, on JANUARY ‘1, 2029, I still awe amounts under this Note, date, which is called the "Maturity Date.” { will make my monihty payments at P.O. BOX 85020, LOUISVILLE, KENT! place if required by the Nore Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $783.78. 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments ‘of Principal at any time before they are due. A payment 0 as a “Prepayment.” When I muke a Prepayment, 1 will tell the Note Holder in writing that }3 designate a payment as a Prepayment if E have not made all the monthly payments due under the Note. a feom tine to time or under which credit may be TEXAS HOME PQUITY NOTE [Fined Rate-First Lea}-Feante MaeiFrediir Mac UNTFORM THSTRUMENT Forve S286. NgBE Gorw. 10703) wage | 9f 4 pager)efuyment or partial Prepayments without paying & Prepayment charge. The Note Holder will use my n¢ amount of Principal that | owe under this Note, However, the Note Halder may apply my Prepayment id interest on the Prepayment amount, befare applying my Prepayment to reduce the Principal amount of ake a partial Prepayment, there will ‘be no changes in the due date or in the amount of my monthly payment ifs to those changes. Should the Note Holder agree in writing to such changes, my paymelus t wially equal successive monthly installments. Holder and me are expressly limited so that any interest, loan charges. or fees (other than. interest) collected from me, any owner or the spouse of any owner of the property described above in connecaby x ation, maintenance, recording, insuring or servicing of che Extension of Credit shall not ext és¢ amount allowed by applicable law. If a law, which applies to At Credit and which sets maximum loan charges, is finally interpreted so that the interest or other loap ges to be collected in connection with this Extension of Credit exceed the permitted Simits, then permitted limit; and (bya Note Holder will make wis refund extinguish any right of action mighi ‘arising out of such overcharge. {1 is the express intentiqn“of Jb d me to structure this Extension of Credit 10 conform to the provisions of the Texas Constig tion app)ycable to sions of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution, If, from any circuphstey ‘whatsoever, ahy promise, payment, obligation or provision of this Note, the Security Instrument or any other foap document invdiving this Extension of Credit transcends the limit of validity prescribed by applicable law, then suth promise, paymegt, opligation or provision shall be reduced to the limit of such validity, of elimiuated as a requiremen if i ith sectrtaw, and such document may be reformed by written notice from the Note Holder wit ww amendment or new document by me. ‘The provisions of this Section 5 shall supersedé any inconsis Note or the Security Instrument. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments J€ the Note Holder has not received the full amex 7” cot FIFTEEN calendar days erpe shall be reduced by the amount necessary to reduce the charge to the from me which exceeded permitted limits will te refunded to me. The infg a payment to me. The Note Holder’s paynient of any such refund will after the datc it is due, 1 will pay ¢ late charge to the Note Holder. be 5.0 % of my overdue payment of principal and interest. I will pay this late charge projap ile payment. (B) Defauit If I do not pay the full amount of each monthly payment 6 (C} Notice of Default If | am in