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HomeMy WebLinkAbout15832 ORD - 10/22/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED WITH VENDOR'S LIEN TO JOE VALDEZ AND WIFE, RACHEL VALDEZ THAT PARCEL DESCRIBED AS THE 3,675 SQUARE FEET OUT OF LOT 8, PATRICK GARDENS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FOR A CONSIDERATION OF $1,200, ALL AS FULLY SET FORTH IN THE WARRANTY DEED WITH VENDOR'S LIEN, DEED OF TRUST AND THE PROMISSORY NOTE, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED, RESPEC- TIVELY, EXHIBITS "A", "B" AND "C"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to convey by Warranty Deed with Vendor's Lien to Joe Valdez and wife, Rachel Valdez that parcel described as the 3,675 square feet out of Lot 8, Patrick Gardens in the City of Corpus Christi, Nueces County, Texas for a consideration of $1,200, all as fully set forth in the Warranty Deed with Vendor's Lien, Deed of Trust and the Promissory Note, a copy of each being attached hereto and made a part hereof, marked, respectively, Exhibits Al,""8" and "C". SECTION 2. The necessity to authorize conveyance of the aforesaid parcel or tract of land in order to return the same to the tax rolls at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Coun- cil, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force'and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 22. --day of October, 1980. ATTEST: City Secretary APPROVED: L i/DAY OF OCTOBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit rney MA 15832 THE Y OF CORPUS CHRISTI, TEXAS - [MICROFILMED SP 271984 THE STATE OF TEXAS X COUNTY OF NUECES X WARRANTY DEED WITH VENDOR'S LIEN KNOW ALL MEN BY THESE PRESENTS: That I, R. Marvin Townsend, the duly appointed City Manager of the City of Corpus Christi, a municipal corporation of the County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to the undersigned cash in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by Grantee of his one certain promissory note of even date herewith in the principal sum of ONE THOUSAND ONE HUNDRED DOLLARS AND N0/100 ( $1,100.00) payable to the order of Grantor in monthly installments and bearing interest as therein provided, containing the usual clauses providing for acceler- ation of maturity and for attorney's fees, the payment of which note is secured by vendor's lien herein retained, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto JOSE LUIS VALDEZ AND WIFE, RACHEL VALDEZ of the County of Nueces, State of Texas, all of the following described real property in Nueces County, Texas, to -wit: Being a rectangular shaped tract of land out of Lot 8, PATRICK GARDENS, as shown by map of record in Volume A, Page 47, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the west right-of-way line of Mohawk Street, said point being N. 1' 41' W., 17.5 feet from southeast corner of above- mentioned Lot 8, for the beginning corner of the tract of land herein described; Thence S. 88° 19' W., 17.5 feet from and parallel to the south bound- ary line of said Lot 8, a distance of 150.0 feet to a point; Thence N. 1° 41' W., a distance of 24.5 feet to a point; Thence N. 88° 19' E., along a line that is 42.0 feet north of and parallel to the south boundary line of said Lot 8, a distance of 150.0 feet to a point an the west right-of-way line of abovementioned Mohawk Street; Thence S. 1° 41' E., along the west boundary line of said Mohawk Street, a distance of 24.5 feet to the place of beginning and con- taining 3,675.00 square feet or 0.084 acres, more or less. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, their heirs and assigns forever; and I do hereby bind myself, my successors and assigns to warrant and forever defend all and singular the said premises unto t.X E7. PA • the said Grantee, their heirs and assigns, against every person whomsoever law- fully claiming or to claim the same or any part thereof by, through or under the City of Corpus Christi; but not otherwise. But it is expressly agreed that the Vendor's Lien, as well as the superior title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon is fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. EXECUTED this 14th. day of October, 1980. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: /50, DAY OF OCTOBER, 1980. J. BRUCE AYCOCK, CITY ATTORNEY y, 5 ;0\ City Anrn;�e THE STATE OF TEXAS. X COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared R. Marvin Townsend, City Manager of the CITY OF CROPUS CHRISTI, TEXAS, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this 14th. day of October, 1980. Notary Public in and for Nueces County, Texas Prepared by the State Bar of Texas' for use by Lawyers only. Revised 1-1.76 NOTICE 7o select the proper form, hill in Nook spaces, strike out forst provisions of 31 insert special terns constitutes the practice of lair. No ''standard form' can neer all requirements. THE STATE OF TEXAS COUNTY OF Nueces DEED OF TRUST 1 KNOW ALL MEN BY THESE PRESENTS: That I, Jose Luis Valdez and wife, Rachel Valdez of. Nueces . . . County, Texas, hcrcinaftcr called Grantors (whether one or more) for the purpose of securing the indebtedness hereinafter described, and in consideration of the sum of TEN DOLLARS ($10.00) to us in hand paid by the Trustee hereinafter named, the receipt of which is hereby acknowledged, and for the further consideration of the uses, purposes and trusts hereinafter set forth, have granted, sold and conveyed, and by these presents do grant, sell and convey 'unto Harold Zick , Trustee, of Nueces County, Texas, and his Nueces substitutes or successors, all of the following described property situated in County, Texas, to -wit: Being a rectangular shaped tract of land out of Lot 8, PATRICK GARDENS, as shown by map of record in Volume A, Page 47, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the west right-of-way line of Mohawk Street, said point being N. 1° 41' W., 17.5 feet from southeast corner of abovementioned Lot 8, for the beginning corner of the tract of land herein described; Thence S. 88° 19' W., 17.5 feet from and parallel to the south boundary line of said Lot 8, a distance of 150.0 feet to a point; Thence N. 1° 41' W., a distance of 24.5 feet to a point; Thence N. 88° 19' E., along a line that is 42.0 feet north of and parallel to the south boundary line of said Lot 8, a distance of 150.0 feet to a point on the west right-of-way line of abovementioned Mohawk Street; Thence S. 1° 41' E., along the west boundary line of said Mohawk Street, a distance of 24.5 feet to the place of beginning and containing 3,675.00 square feet or 0.084 acres, more or less. TO HAVE AND TO HOLD the above described property, together with the rights, privileges and appurtenances thereto belonging unto the said Trustee, and to his substitutes or successors forever. And Grantors do hereby bind themselves, their heirs, executors, administrators and assigns to warrant and forever defend the said premises unto the said Trustee, his substitutes or -successors. and assigns forever, against the claim, or claims, of all persons claiming or to claim the same or any part thereof, by, through or under the City of Corpus Christi, but not otherwise. This conveyance, however, is made in TRUST to secure payment of one promissory note ..... of even date herewith in the principal sum of One Thousand One Hundred Dollars ($ 1,100.00 the City of Corpus Christi, at the office of the exuteec d by Grantors, payable to the order of ................................_.. .........._..__.......... Director of the Department of Finance in the City of Corpus Christi Nueces County, Texas as follows, to -wit: .6414 19 hearing interest as therein stipulated, providing fol acceleration of maturity and for Attorney's toes; Should Grantors do and perform all of the covenants and agreements herein contained, and make prompt payment of said indebtedness as the same shall become due and payable, then this conveyance shall become null and void and of no further force and effect, and shall be released at the expense of Grantors, by the holder thereof, hereinafter called Beneficiary (whether one or more). Grantors covenant and agree as follows; That they are lawfully seized of said property, and have the right to convey the same; that said property is free from all liens and encumbrances, except as herein provided. To protect the tole and possession of said property and to pay when due all taxes and assessments now existing or hereafter levied or assessed upon said property, or the interest therein created by this Deed of Trust, and to preserve and maintain the lien hereby created as 0 first and prior lien on said property including any tmprosements 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 any waste thereof; to keep said buildings occupied so as not to impair the insurance carried thereon. To insure and keep insured all improvements now or hereafter crcatcd upon said property against loss or damage by fire and windstorm, and any other hazard or hazards as may he reasonably required from time to time by Beneficiary during the term of the indebtedness hereby secured. to the extent of the original amount of the indebtedness hereby secured, or to the extent of the full insurable value of said improvements, whicheser is the lesser. in such form and with such Insurance Company or Companies as may he approved by Beneficiary, and to deliver to Beneficiary the policies of such insurance having attached to said policies such mortgage indemnity clause as Beneficiary shall direct; to deliver renewals of such policies to Beneficiary at least ten (10) days before any such insurance policies shall expire, any proceeds which Beneficiary may receise under any such policy, or policies, may he applied by Beneficiary, at his option, to reduce the indebtedness hereby secured, whether then matured or to mature in the future, and in such manner as Beneficiary may elect, or Beneficiary may permit Grantors to use said proceeds to repair or replace all improvements damaged or destroyed and covered by said policy. That in the event Grantors shall fail to keep the improvements on the property hereby conveyed in good repair and condition, or to pay promptly when due all taxes and assessments, as aforesaid, or to preserve the prior lien of this Deed of Trust on 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 Beneficiary. as aforesaid, then Beneficiary may, at his option, but without being required to do so, make such repairs, pay such taxes and assessments, purchase any tax title thereon. remove any prior liens, and prosecute or defend any suits in relation to the preservation of the prior hen of this Deed of Trust on said property, or insure and keep in- sured the improvements thcrcon in an amount not to exceed that above stipulated: that any sums which may be so paid out by Beneficiary and all sums paid for insurance premiums, as aforesaid, including the costs, expenses and Attorney's fees paid in any suit affecting said property when necessary to protect the lien hereof shall bear interest from the dates of such payments at ten per cent (IO%) per annum, and shall be paid by Grantors to Beneficiary upon demand, at the same place at which the above described note is payable, and shall be deemed a part of the debt hereby secured and recoverable as such in all respects. That in the event of default in the payment of any installment, principal or interest, of the note hereby secured, in accord- ance with the terns thereof. or of a breach of any of the' covenants herein contained to be performed by Grantors, then and in any of such events Beneficiary may elect, Grantors hereby expressly waiving presentment and demand for payment, to declare the entire principal indebtedness hereby secured with all interest accrued thereon and all other sums hereby secured immediately due and payable, and in the event of default in the payment of said indebtedness when due or declared due, it shall thereupon, or at any time thereafter, be the duty of the Trustee, or his successor or substitute as hereinafter provided, at the request of Beneficiary (which request is hereby conclusively presumed), to enforce this trust; and after advertising the time, place and terms of the sale of the above described and conveyed property, then subject to the lien hereof, for at least twenty-one (21) days preced- ing the date of sale by posting written or printed notice thereof at the Courthouse door of the county where said real property is situated, which notice may be posted by the Trustee acting, or by any person acting for him, and the Beneficiary (the holder of the indebtedness secured hereby) has, at least twenty-one (21) days preceding the date of sale, served written or printed notice of the proposed sale by certified mail on each debtor obligated to pay the indebtedness secured by this Deed of Trust according to the records of Beneficiary, by the deposit of such notice, enclosed in a postpaid wrapper, properly addressed to such debtor at debtor's most recent address as shown by the records of Beneficiary. in a post office or official depository under the care and custody of the United States Postal Service, the Trustee shall sell the above described property, then subject to the lien hereof, at public auction in accordance with such notice at the Courthouse door of said county where such real property is situated (pro- vided where said real property is situated in more than one county, the notice to be posted as herein provided shall be posted at the Courthouse door of each of such counties where said real property is situated, and said above described and conveyed property may be sold at the Courthouse door of any one of such counties, and the notices so posted shall designate the county where the property will be sold), on the first Tuesday in any month between the hours of ten o'clock A.M. and four o'clock 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 stake due conveyance to the Purchaser or Purchasers, with general warranty binding Grantors, their heirs and assigns; and out of the money arising from such sale, the Trustee acting shall pay first. all the expenses of advertising the sale and making the conveyance, including a commission of five per cent (5%) to himself. which commission shall be due and owing in addition to the Attorney's fees provided for in said note, and then to Beneficiary the full amount of principal, interest, Attorney's fees and other charges due and unpaid on said note and all other indebtedness secured hereby, rendering the balance of the sales price, if any. to Grantors, their heirs or assigns; and the recitals in the conveyance to the Purchaser or Purchasers shall be full and conclusive evidence of the truth of the matters therein stated, and all prerequisites to said sale shall be presumed to have been performed, and such sale and conveyance shall be conclusive against Grantors, their heirs and assigns. It is agreed that in the event a foreclosure hereunder should he commenced by the Trustee, or his substitute or successor, Beneficiary may at any time before the sale of said property direct the said Trustee to abandon the sale, and may then institute suit for the collection of said note, and for the foreclosure of this Deed of Trust lien; it is further agreed that if Beneficiary should institute a suit for the collection thereof, and for a foreclosure of this Decd of Trust lien, that he may at any time before the entry of a final judgment in said suit dismiss the same, and require the Trustee, his substitute or successor to sell the property in accordance with the provisions of this Deed of Trust. Beneficiary shall have the right to purchase at any sale of the property, being the highest bidder and to have the amount for which such property is sold credited on the debt then owing. Beneficiary in any event is hereby authorized to appoint a substitute trustee, or a successor trustee, to act instead of the Trustee named herein without other formality than the designation in writing of a substitute or successor trustee; and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness hereby secured has been paid in full, or until said property is sold hereunder, and each substitute and successor trustee shall succeed to all of the rights and powers of the original trustee named herein. In the event any sale is made of the above described property, or any portion thereof, under the terms of this Deed of Trust, Grantors, their heirs and assigns, shall forthwith upon the making of such sale surrender and deliver possession of the property so sold to the Purchaser at such sale, and in the event of their failure to do so they shall thereupon from and after the making of such sale he and continue as tenants at will of such Purchaser, and in the event of their failure to surrender possession of said property upon demand, the Purchfser, his heirs or assigns, shall be entitled to institute and maintain an action for forcible detainer of said property in the Justice 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 cleated shall take precedence over and he a prior lien to any other lien of any character whether vendor's, malerialmen's or mechanic's lien hereafter created on the above described property, and in the event the proceeds of the indebtedness secured hereby as set forth herein are used to pay off and satisfy any liens heretofore existing on said property, then Beneficiary is, and shall be, subrogated to all of the rights, liens and remedies of the holders of the in- debtedness so paid. Il is further agreed that if Grantors, their heirs or assigns, while the owner of the hereinabove described property, should commit an act of bankruptcy, or authorize the filing of a voluntary petition in bankruptcy, or should an act of bankruptcy be committed and involuntary proceedings instituted or threatened. or should the properly hereinabove described be taken over by a Receiver for Grantors, their heirs or assigns, the note hereinabove described shall, at the option of Beneficiary, immediately become due and payable, and the acting Trustee may Then proceed to sell the sante under the provisions of this Deed of Trust. As further security for the payment of the hereinabove described indebtedness, Grantors hereby transfer. assign, and convey unto Beneficiary all rents issuing or to hereafter issue front said real property, and in the event of any default in the payment of said note or hereunder, Beneficiary, his agent or representative, is hereby authorized. at his option, to collect said rents, or if such properly is vacant to rent the same and collect the rents. and apply the same. less the reasonable costs and expenses of collection thereof, to the payment of said indebtedness, whether then matured or to mature in the future, and in such manner as Beneficiary may elect. The collection of said rents by Beneficiary shall not constitute a waiver of his right to accelerate the maturity of said indebtedness nor of his right to proceed with the enforcement of this Dced of Trust. 1t is agreed that an extension, or extensions, may be made of the time of payment of all, or any part, of the indebtedness secured hereby, and that any part of the above described real property may released from this lien without altering or affecting the priority of the lien created by this Dced 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 improvements thereon, and that may he hereafter constructed thereon, first and superior to any liens that may be placed thereon, or that may be fixed, given or imposed by law.ihcrcon after the execution of this instrument notwithstanding any such extension of the time of payment, or the release of a portion of said property from this lien. In the event any portion of the indebtedness hereinabove described cannot be lawfully secured by this Deed of Tnist 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. Beneficiary shall be entitled to receive any and all sums which may become payable to Grantors for the condemnation of the hereinabove described real property. or any part thereof, for public or quasi -public use, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to Grantors for damages caused by public works or construction on or near the said property. All such sums arc hereby assigned to Beneficiary, who may, after deducting therefrom all expenses actually incurred, including attorney's fees, release same to Grantors or apply the same to the reduction of the indebtedness hereby secured, whether then matured or to mature in the future, or on any money obligation hereunder, as and in such manner as Beneficiary may elect. Beneficiary shall not he, in any event or circumstances, Kahle or responsible for failure to collect, or exercise diligence in the collection of, any such sums. Nothing herein or in said note contained shall ever entitle Beneficiary, 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 money obligation hereunder and in no event shall Grantors be obligated to pay interest thereon in excess of such rate. If this Deed of Trust is executed by only one person or by a corporation the plural reference to Grantors shall be held to include the singular and all of the covenants and agreements herein undertaken to he performed by and the rights conferred upon the respective Grantors named herein. shall he binding upon and inure to the benefit of not only said parties respectively but also their respective heirs, executors, administrators, grantees, successors and assigns. Grantors expressly represent that this Dced of Trust and the Note hereby secured are given for the following purpose. to -wit: The indebtedness, the payment of which is hereby secured, is in part payment of the purchase price of the real property here— in described, and is also secured by a vendor's lien thereon retained in deed of even date to the undersigned, and this Deed of Trust is given as additional security for the payment of said in— debtedness. EXECUTED this 14th. day of October 9,1 UC �i.LF flJ fj v ; Jo e Luis Valdez A. D: 1980. J� Li'6i Rachel c >\ / Valdez �1' E STATE OF TEXAS COUNTY OF Nueces` } (Acknowledgment) Before me, the undersigned authority, on this day personally appeared Jose Luis Valdez and wife, Rachel Valdez, known to me to be the person s whose names are subscribed to the foregoing instrument, and acknowledged to me that t hey executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the 14t1.--Jday of Octob , A.D. 19 80. _.. ''✓Y..l*1, / t2SllrA.1-t/ Notary Public in and for /1/14 7 Nueces County, Texas. My commission expires ....._..l.`/l.4.Y / , 19.q . (Printed or stamped name of notary) ROMAN BARRERA Notary Public In and for Nueces County. i recs (Acknowledgment) THE STATE OF TEXAS COUNTY OF , Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal.of office on this the day of , A.D. 19 DEED OF TRUST 0 I~ THE STATE OF TEXAS COUNTY OF TRUSTEE FOR } Notary Public in and for County, Texas. My commission expires , 19 (Printed or stamped name of notary) (Corporate Acknowledgment) 1i. 0 W 0 w IL 0 e a p til E -1Z 2 94a xW 0, W' a a. a Before me, the undersigned authority, on this day personally appeared of a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that ' he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this the day of , A.D. 19 Notary Public in and for County, Texas. My commission expires , 19. ' (Printed or stamped name of notary) PROMISSORY NOTE $1,100.00 For value received, we or either of us, as principals order of the City of Corpus Christi, Texas, in the City of County, Texas, the sum of One Thousand One Hundred Dollars in legal and lawful money of the United States of America, from date hereof until maturity at the rate of ten percent tured unpaid principal and interest shall bear interest at cent (10%) per annum from date of maturity until paid. This note is due and payable as follows, to -wit: Corpus Christi, Texas October 14, 1980 , agree to pay to the Corpus Christi, Nueces and No/100 ($1,100.00), with interest thereon (10%) per annum; ma - the rate of ten per - In monthly installments of Twenty -Seven Dollars and 90/100 ($27.90) or more each, from each of which installments the accrued interest on the entire unpaid principal shall be first deducted, and the remainder applied to the payment of the principal, the first of which installments is due on or before December 1, 1980, and the others regularly, and upon the 1st. day of each succeeding calendar month thereafter until this note, both principal and interest, has been duly paid. Payment hereof is secured by a Vendor's Lien expressly retained in deed of even date herewith executed by R. Marvin Townsend, City Manager of the City of Corpus Christi, to the maker hereof upon the hereinafter described real property, to - wit: Being a rectangular shaped tract of land out of Lot 8, PATRICK GARDENS, as shown by map of record in Volume A, Page 47, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the west right-of-way line of Mohawk Street, said point being N. 1° 41' W., 17.5 feet from southeast corner of above- mentioned Lot 8, for the beginning corner of the tract of land herein described; Thence S. 88° 19' W., 17.5 feet from and parallel to the south bound- ary line of said Lot 8, a distance of 150.0 feet to a point; Thence N. 1° 41' W., a distance of 24.5 feet to a point; Thence N. 88° 19' E., along a line that is 42.0 feet north of and parallel to the south boundary line of said Lot 8, a distance of 150.0 feet to a point on the west right-of-way line of abovementioned Mohawk Street; Thence S. 1° 41' E., along the west boundary line of said Mohawk Street, a distance of 24.5 feet to the place of beginning and con- taining 3,675.00 square feet or 0.084 acres, more or less. It is expressly provided that upon default in the punctual payment of this -1- note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebtedness evidenced hereby shall be matured, at the option of the holder. In the event this note, or any part hereof, is collected through probate, bankruptcy or other judicial proceedings by an attorney or is placed in the hands of an attorney for collection after maturity, then the under- signed agree and promise to pay a reasonable attorney's fee for collection, which in no event shall be less than ten percent (10%) of the principal and interest then owing. Each maker, surety, and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to acceler- ate the maturity, protest and notice of protest, as to this note and as to each, every and all installments hereof, and each consents that the payee or other holder of this note may at any time, and from time to time, upon request of or by agreement with any of us, extend the date of maturity hereof or change the time or method of payments without notice to any of the other makers, sureties or endorsers, who shall remain bound for the payment hereof. se Rachel Valdez J Luis Valdez THE STATE OF TEXAS COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Jose Luis Valdez and wife, Rachel Valdez, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they exe- cuted the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this the 14th. day of October, 1980. l Gvt.-J cl' CFt1J11 Notary Public in and for Nueces County, Texas ROMAN BARRERA Texas Nntary Public in and for Nueces County, -2- Corpus Christi, Texas 2.2.— day of Ocie -0 1925 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYO The Charter rule was suspended Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky THE CI OF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was pass -d by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15832