ORDER NO. 25681 APPROVAL OF COUNTY RELEASE OF LIEN BAIL BOND BOARD DECEMBER 14, 1998 JUDGE TO SIGN HELD BY KERR COUNTY VOL. V PAGE 883 i ol.>ar-_r racy. 'r.?56t31. AF'~'f:C1V~tt.. ClF' GCllir•ITY 7lII1GE 7Cl :>IC31~1 f:l:I._C:f~f:iE= t]f" l_:CE"N 1~~1=i._D EsY KEkI: t~(]lil~l'rY LiA.T.I_. L~t01aD T{C~fahT) Cin i.t~~is~ day the 14th dray c?'f I')erc~c.,ntbr~r, i'.-?`?Fl s.spc?i3 n3oti.c?rr m«clrs by Tudye IDer7<.~orr, <:>c~r_ondr~d lay fusarnmis:i.lan •rEal~~?a<>e c?f lien held Fry I:er~r C'ou'i?ty trail I: ., ,~ e ~ ~ S= ' ;; :~ ti, ,.~ A L. 7 f 3 i. ;,: ~~ '~ *~ ±; ;. ,. ~' I' such opnditiona as era raga a by Code, 1965, in bond forfeiture oases in the city of Kerrville, Rtrr County, Terns, ns follor, to-rit: as authorised by Art. 2372p-3 v.A.T.s., detailing the licensing and regulation of ball bondsmen in the State of Texas. ox.F.nL1ez ~ oxaALZS -~.- pFIC~L t;ECil?il~ 157LL6"I.15C?t Wl'IlIY, 7EXAi This comayante, however, is made in TRUST to spCUre the obligations of James 8. (skip) Lyons, III d/b/a 6kip~s Sail Out to the Rerr County Bali Bond Board, hereinafter called Lender, pursuant to any linal judgment forfeitures that may be Wade in rands on which tlio Licensee is surety after such notice and upon it d the Cofla of Criminal proeodura MO30S3 31,111 N~10H~NO1 Wd 6Z,Gi a3M 86-It-AON .r . ~...i~ ... f' .' . ~ ~ '! i Y 1, y, i' ?4 r ~• ~;.. ;. ~, ,1+.' ~ i ~" i _, ~~ Y ':~ r,5 ~;f r; :t; i . ~, ,.~ ;. :~ ~'voi19U0racE146 Should Borrower do','and•pertorA all of the wvenac-ts 'end agraemante herain•contained, and make Prompt'°payment of said indebtedness as the sama~shall become due and payabie,:then this conveyance shall'beCO®R mall and void and a! rw tarhher force 'and offact, and shall ba'raleasad at the expense of Borrower, by the holder thereof. hereinafter nailed Leader (whethor one or mow. Borrores covanantd and agrees as'lollowa: That they era lawfully seized of said property, and have the right to comet' the same; that esid property is freo from ail Signs and enCUmbzanCes, except as herein provided. To protect the title and possession of said property and to pay than due all texas and assessments nor existing or hereafter levied or assessed upon said property, or the interact therein Created by this Dead oP Trust, and to preserve and maintaiq the lien hereby craa}..ad as a first sad prior liars on said property inciuding'any improvements hereafter made a part of the realty, To keep the improvements on said property in good repair and Condition, and not to permit or commit airy waste thareoft to beep said buildings occupied So as not to impair the insurance carried thertan. To insure and keep insured all improvements now or hereafter created upon said property against lass or damage by fire and windstorm, and any other hasard or hazards as say be reasonably required froze time to time by Lander during the tare oP the indebtedness hereby secured, to the extent at the original amount of the indebtedness hereby secured, or to the extent of the full insurable value of said imprwamenta, whichever is the lesser, in such form and with such insurance company or Companies as may ba approved by bender, and to deliver to Lender the policies of eueh insuranco having attached to acid policies such mortgage 3ndamnity clause as Lender shall direct; to deliver renewals of such policies to Lander at least ten (10) days before any such insurariao policies shall expire; any proceeds which Leader may receive under any such policy, or palioies, max be applied by lender, at his pption~ to reduce the indebtedness hereby secured, whether then aatured or to mature in the future, and in such canner as Lender may elect, or Lender may permit Borrower to use sai8 proceeds to repair or replace all improvements daptaged or destroyed and covered by said policy. That in the !vent Borrower shall Pail to keep the improvements on the pxoperty hereby conveyed in good repair and condition, or to pay promptly when due all taxes and asseasmants, as aforesaid, or to preserve the prior lion of this Deed of Trust an said property, or to keep the buildings and improvements insured, as aforesaid, or to deliver the policy, or policies, of insurance or the renewal thereof to Lander as aforesaid, then Lender may, at his option but without being required to do so, make such repairs, pay such texas and assessments, purchase any OREAL1d2:OREAL25 -~- £(l 'd ~EItiO£6Zi9 'ON :~.~ MOHOSH 31,LI,L N80HON01 NH G£.OI QOM 86-it-+10" ,`; 1 ~ '~ ' - ~. vo~190Dr:~~1~7 i tax title therao», ramous any prior liens, and prosecute or dsland any salts fn relation to the preservation o! the prior lien o! this Deed of Trust on said property, 4r insuxe and keep insured the impsovsnants thereon is an amount not to exceed that above stipulated; that ntfY soma which may ba so paid out by Le»der and all sums paid for insurance premiums, as nforesaid, including tlla costs, exparisss and attor'ney's fees paid in any suit alPeoting said property then necessary to protaot the lien hereo! shell bear interest lrom the dataa of suoh payments at the rate state$ in said pore and shall be paid by Borrower t4 Lahder upon demand, at the eaa;e place at which said note is payable, and shell be deemed a part o! the debt hereby aeaured and tecoverabla as suct- in all raapacta. That in the avant of default in the payment of any inatail2lant, prinvipal or interest, of the Hato hereby seout~ed, in aceordanea with the terns thareo#, or of a breach of any covenants heroin contained to be performed by Borrower; than in any each events Lender mey elect, Borrower hereby expressly waiving presentment and demand for payment, to deelnre the entire principal indabtgdnaas hereby secured with all interest accrued thereon and all other soma hereby secured imaediately due and payable, cad in the avant of default in the payment of said indebtedness when due oY declared due, it 'shall thereupon, or at nay time thereafter, be the duty of tree Trustee or his ,successor ar substitute as hereinafter provided, at the request of Lender (which request is hereby Conclusively presumed), to enforce this trust; and after advertising the tine, plane and terms of sales of the above described dnd conveyed property, then subject to the lion hereof, and nailing and l1111tg notices as required by 6ection 51.002, Texas Property Code, as then amended (successor to Artiela 3810, Texas Revised Civil Statutes), and otherwise complying with that statute, the Trustee shall sell the above described property, than subject to the lien hereof, at public auction in aceprdance with such notices on the first Tuesday in any month between the hours of tan o'clock a.m. and four o~cloak p.m., to the highest bidder for cash, selling all of the property as an entirety or in such parcels as the Trustee acting may elect, and make due conveyance to the Purchaser or Purchasers, with general warranty binding Borrower, his heirs and assigns; and out of the nanny arising from such sale, the Trustee acting shall gay first, all the expenses of adoertiaing the sale and making the eomeyance, including d aa~mmission of five percent (5t) to himself, which camariasion shall be due and owing in addition to the attorney's fees provided !or in said note, and then to Lender the full amount of priaoipal, interest, attorney's fees and other charges due and unpaid on said note and all othck indebtedness secured hereby, rendering the balance of the sales price, if any, to Borrover, his heirs or assigns; and the recitals in the conveyance to the Purchaser or Purchasers shall be full and conclusive avidanea of the truth of the matters therein stated and all prerequisites to said sale shall be presumed to have been performed, and ouch sale and conveyance shell be conclusive against sorrower, his heirs and assigns. DREAL162SORE.AL2S -3- 60 'd t~EIbC£6Z'.9 'ON ~d MOi~~S~ ~'?1I1 N~OH~NO'1 .,. i we t£:or a~rl es-~i-nor; C /. ~1 ~. ~:.. r': ,. ~. ~, a 'i' YOLI.7WPaGE1'dt7 It is agreed that in the event of foreClosura hereurzdes- should be comx4enaed by the Trnsstee, er his substitute or suaeesaot, hander nay at asst' time helots the sale, oY said prvpesty direst the said Tsnsatee to abandon the sale and may than institute suit for the collection of said Hots, and for the foreclosure of this Dead of Trust lien; it is further agreed that i! lender should istatituta a suit lot, the oollectiori thereof, and !or a foreclosure of this Deed of Trust lien, that ha may at nest' tine before the entry of a final ~udgsvent in said suit dismiss the Gams, and require the Trustee, his substitute or successors to sell the property in accordance with the provisions of this Deed of Trust. Lender if he is the highest bidder, shall Nava the tight to purchase at any sale of the property, and to have the amount for which stash property is sold crWltad on the debt then owing, Lender in any avant is hereby authorized to appoint a substitute trustee or succarsor trustee. to act instead of the Tzustea named herein without other formality than the designation in writing of a , substitute or sucaeaeor trustees and the authority hes~aby conferred shall extend to the appointment of other successor and substitute trustees sucoasaively until the issdebtedneas hereby secured has been paid in full, or until said property is sold hareussdar, and each substitute and successor trustee shall succeed to all the rights and powers of the original trustee named hezain. In rho event any sale is made of the shove deacribad property, or any portion thereof, under the terms of thitt Deed of Trust, Borrower, his heirs and assigns, shall forthwith upon the soaking of such sale surrender and deliver possession of the property so sold to the purchaser at such sale, and in the event of Choir failure to do ao they shall thereupon Excm end after rho malting of such sale be and aohtinue as tenants at will of ouch Purchases, and in the event of their failure to surrender possession Of said property upon demand, the Purchaser, his baits or assigns, shall ba entitled to institute and maintain an action for loroible detainer of said property in the 3ustice of the Peace Court in the Justice Precinct in which such property, or any part thereof, is situated. It is agreed that the lien hereby created shall take precedence over and be a prior lien to asst' other lien of any character whether vendor's materialman'a oz mechanic's lion hereafter created on the above described property, and in the event proceeds of the indebtedness seatsred hereby as set forth herein are used to pay off and satisfy any liens heratofoze existing on said property, then Lersder i$, and shall be subrogated to all of the rights, liens and remedies of the holders of the 3ndKbtedtseae so paid. OREAL162cORE?iL26 -4- ~n '~ b6ib0£6Zt9 'ON Xb.~ MOHOS3 H'1,1;~1 N80H`JNO~ W~ Z£.OI 43M 88-It-AON ~ ~ ~~Y*+~hli, '~~1..)frw~N.w.f...}W.: tlM1PNYLT'A r~Y'nJ1.~.4A.:J~a1.~ WY-KJ.I~jr~!Y. ~.ni 4•• k.-4.-~~ •• ' vo~1900P,;~t1~9 It is further agreed that if Horrover, his hairs or assigns, vhilo the owner o! the hereinabow described property, should ooamit an act of bankruptcy, or authorise the filing of a voluntary banYruptcy,'os should an act o! bankruptcy b@ committed and involuntary psxeedings instituted or threatened, or should the property hereiaabove described be taken over by a Receiver far Horrover, his heirs or assigns, the rota hereinabove described shall, at the option o! Lsnder, immediately becoae due and payable, and th4 acting Trustee may then proceed to sail the sage ender the provisions of this ~esd o! Trust. Jle further security o! the payment of the herainabove described indebtedness, Borrower hereby transfers, assigns and aotsvays unto Lender, all rents issuing or to hereafter issue from said real property, and in the event of any default in payment of said Hots or hereunder, Lender, his agent or representative, is hereby authorised, at his option, to Collect said rents, or if such property is vacant to rent the same and collect the rents, and apply rho same, lase the reaeanable costs end expenses o! collection thereof, to the payment of said indebtedness, whether then matured or to nature in the future, and in auah manner as Landon mayy elect. .The collection of said ruts by Lender shall not constitutr a waiver of his rights to aecelarate the maturity of said indebtedness nor of his right' to proceed with the enforcement of Chia Deed of Trust. it is agreed that an extension, or extensions, may be made of the time o! payment of all, or any part, of the indebtedness secured hereby, and ttlat any part of the above described real property may be released from this lien aithout altering ox alfecting the priority of the lien created by thls Deed of Trust in favor of any junior encumbrancer, mortgagee or purchaser, or any person acquiring an interest in the property hereby conveyed, or any part thereof; it being the intention of the parties hereto to preserve this lien on the property herein described and all iagtovements thereon, aril that may be hereafter constructed thereon, first anB superior to any liens that may be planed thereon, or that taay be fixed, given or imposed by lav thereon after the execution of this instrument notaithstandinq any such extension of the time of payment, or the release of a gortion of said property from this, lien. In the event any portion o£ the indebtedness hereinabove described cannot be lawfully sacursd Dy this Dead of Trust lien on said real property, it is agreed that the first payments made on said indebtedness shall be applied to the discharge of that portion of said indebtedness. Lender shall be entitled to receive any and all sums which nay become payablQ to Borrower for the condemnation of the hereinabove described real property, or any part thereof, for public or quasi-public usQ, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to OREl1u162 : OREAL2S -5- 90 'd bBibC£6Zt9 'ON Kb.d M080SH H1.1?,L NHOH9N0~ . j n Wd ££.GI aHM BB-.t-HON ~. ... --,--~------T--,.-...,_-_ r ~.% .~ .I~M1.Li~L. „i .L..Sy.~~l~ -i~11. rte... ~i lyS4J.. i~ A_ilv.~iYii1 _ •. •~. ~N ~~ i_.._. '.-fin a. _ .. i .. ;`I ~. 'r` vo~l~lJllrAG1150 Borrower for damages.'cause4 by public wor~[6 or construction on ox Haar . thn said property. ~-11 such arms are hereby assigned to Lender, rho aaY, after deducting therelrota all axpet-aes actually incurred, including ~attorney~s.feea, release same to Borrower or apply ,rho same to ' rho, redtlotion o!' the indebtedness hereby secured, whether then'>tatgrad.or to mature in the future, or on any maney..obligation hei*eunder as and in suoh Banner as Lender may elect: Lender shail not be, in angr event or circumstances, liable or responsible 'for failure to colloot, or exercise diligence in the collection o!, arty anoh stma, Nothing herein ox in said note contained shail ever entitle Lender, upon the arising of any contingency whatsoever, to receive or collect interest in excess of the highest rate allowed by the laws of the State of Texas on the principal indebtedness hereby secured or on any Honey obligation hat:sunder and in :to event shall Borrower be obligated to pay interest thereon in excess of such rata. xt this Deed o! Trust is executed by only ono person or by n corporation the plural raloronce to Borrower shall be held to inolude the ainqular, and ail of the covenants and agreemanta herein undertaken to be performed by and the rights conferred upon the respective Borrower named herein, shell be binding upoq and inure to the benefit of not only said parties reapectively, but aiso their raspeetiae hairs, exeautora, administrators, grantees, successors and aaaigna. Borrovor expressly raproaents that this Deed of Trust and the Kota hereby secured are given for the following purpose, towit: Poraclosure pursuant to this deed of trust shall be only as authorized by Art. 9372p-3, v.A.T.s. This deed shall likewise be released pursuant to said 7-st. 2372p-9, V.A.T.S. 87~COTED this g ~ day of 1990 $. B / LY p~tTAL162sOREAL25 ~0 'd b6iv0£6Z?9 'ON Rt'.~ EST717'E OP JAfD~s 1L. OtfS, JR. By X open 8x cutrix -b- ,• i <.: y ~,'.; ~.: MO~OS3 311i,L N~OHONG~ Wd b£,OI 43M B6-II-AON i i i i NOV-11-98 WED 1034 AM LONGHORN T1TLE ESCROW FA}~ N0. 5?29304194 P, 08 ~ ..... . _ _ ~ .:. ~: ~:. __~.. ~ : ,.. _a `~ a ~~ t '; . .Y ,a ~; ~~: . r .~ i y I y .e 1 .., _~_ SL'11i8g0 ~ L9t'1Y37I0 ~~~~ oss~ ~ z Aaw ~`: N ~ ua roue dq uaosW P~~ ~':a~ii~edpu~ ~.'_" ~ c uoswe!p1~A1~S0809384~W11~ t'' x k au~n{op~q!~! U3080'J38AoP~~~~ .1~ ~ ~y x ~. ~~ L O~iJiq p9d~s ~ ~ ~ t"" ssx~~uNIwIN~P~ ~ ~~~, ~ `-t 4 No511tl111uY-iOAlllllal ~ 4Q ~ ~ ~J ~ ~ .~# 6_y _ ae;tdx~odt~ ~ .tty0~~'tl~IHdv r;~;:~11~ L] ~ - ~R+d ~tZn ~ ~+ir rMS'Oa ~+o~ s apxey =~ a~ g ~ i Tp!pM~Y131NN0~ ~ VM1 •~s~o~ r~s io ir~a uo 'pasaaaaQ • •zr 'suo~ ~g naoter ;o a~+e~sig eR3 io ~= naafi ~uapuadapu= sp pua ~CZZnilgjeFP~1T 'SNOx'I i~II~Q ~C4 '066t 'i~ io ASP -~ vy~ uo a~ aioda4 i~~'+Zwotutao aex 3ttattnx3~'F aF ~ !{OSNr[I'TiIl1 d0 ]GLN000 f S1f7CSZ d0 '~.L1GTiS8$L ISI3~P~U6I1Qn LBOBG ~~yCOS .'ritjw.uoll gFBes~S ,uFa'i[ OOL aRttot!}mo0 ~C'}urioa xxox soov=ppy IC1l'xbl[ pFAtp : sag :o~;sassy io acas~p batjiXei[' ,• :,_ _ _ . r ,.,. *t ~ . ~ ._J ~ CaII38 NO. 93-035-0877 BERNIGS LY(1IIS * IN T86 pISTR2C!1' C(~7Rx' s O3. * 277TH JUDIOII~L DISTRICT • G7-V'YU lLOTI.BY and T~ lIKR.R * fTlrr.riwrcC`~ 4OUI~TY, TE"7II+.9 COGNTY 8l~IL BOND HOARD ~DBR OF DISMI38J.L On this day ca1nQ on to be Considered the plaintiffs t~[otian To Diseoiss in the above styled and numbered cause. iT Is THEREFORE ORDERED that thin case bn and hereby is Dls~sssn Without prejudice a9 Plaintiff no longer wishes to pursue this cause of action. Court costa to be paid by the plaintiff. SIGNED this the l ~~ b -~ ~ ~~ ~ ~~ ~ ~~ Ck ~ nt o'clock h" .1u~a 0 3 199 f C'~ ~ ~~ Diw9d petL Wlllism.on Ca, TX 1 ('^. T ~ ~ 1 J~~C, ~ '~ ~~ ~ 4~~ 5~ ~ ~ \~~~~ ~ ~ ~ ~ ~ ~ ~ ~. ~ n .~ ~ ~~ ,~ `,~~ ,~ ~ ~_ C L~s sD~r,.x z~ ~ 1 3BP1.4ao:sFLSCJ . •,... 60 'd b6t'~C£BZ~9 'ON X~.~ f'i0bOS3 ~'I1?,L N~OHONO'1 Wd 5£.Ci 49M 66-it-AON a 12-14'1998 13: ~1 FRp17 KERR GpU TY Tp 79222]8 P. 02 400 C~CS~WetCf PABCO KQiRVILI.E, T'fi?CA.S 73028 FRANCES KAISER 5T~RtFF KERR COUNTY December 14, 1998 Barbara Nemec Kerr County Treasurer Kerr Courrty Courthouse 700 Main Street Krxrville, Texas 78028 Dear Barbara, 830J89fr1216 8301896.1133 830!634-2334 FAX 830V846-7380 I at» requesting at this time the release of all collateral that is currently held for Slap's Bail attt. Alt Kerr County camas have heart disposed of. Should you have any questions, please do not hesitate to call me. Sincerely, ~rQ~~ Frances A Kaiser, sheriff Ken County Sheriff's Department FAK:gIb cc: Judge Robeart Densor- T0T(7L P.02