DEED

1111111~I~mllll~IIOOIIIIII~"mlllllllll~111111111 3 PGS

2006054356

WARRANTY DEED
WIm VENDOR'S LIEN

1)& 1)39711 - LTq#-

Ob:DmJIDliJ'tt··ALJTY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE I H FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS

DATE:
GRANTOR:

June

Jg+~ , 2006

GRANTEE:

GRANTEE'S ADDRESS:

LENDER: LENDER'S ADDRESS:

ANCIAL NETWORK, INC.

CONSIDERATION:

REAL PROPERTY:
(INCLUDING ANY IMPROVEMENTS) [THE "PROPERTY" HEREIN]:

Lot Twenty-Six (26), Block "H", BENT TREE SECTION II, a subdivislo Texas, according to the map 01' plat thereo/recorded in Cabinet L, Slides Williamson County, Texas.

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~.

'"

'

e is made and accepted subject to all restrictions, covenants, reservations, conditions, deasements, if any, affecting the Property that are valid, existing, and properly of Ii ,to all zoning laws, regulations, and ordinances of municipal or other .f any, but only to the extent that they are still in effect and relate to the

ADVALO

s:

by Grantee.

VENDOR'S LIEN:

It is expressly agreed that a ' retained against the Prope • e . , thereon are fully paid accordintQ ~t become absolute. L>

~0

, as well as the Superior Title in and to the Property, is rovements until the above-described Note and all interest t, and reading thereof, when this Deed shall

DEED OF TRUST:

In order to secure the payment of the Real Estate Lien No • ~uted of Trust conveying tide to Don W. Ledbetter, Trustee, for th ~o~der.
CONVEYANCE: .~

and delivered a Deed

Grantor, for the consideration and subject to the reservations from ani ex~6n· warranty, GRANTS, SELLS, and CONVEYS to Grantee the Property,ge. rights and appurtenances thereto in any wise belonging, to have and hold" executors, administrators, successors, or assigns forever. Grantor binds executors, administrators, successors, and assigns to WARRANT AND FO singular the Property to Grantee and Grantee's heirs, executors, administrators, against every person whomsoever lawfully claiming or to claim the same or any the reservations from and exceptions to conveyance and warranty.

"","'"""11"

IUIfL,.2006.

ACKNOWLEDGED BEFORE ME by ICyI , .'I&ndbrl.<ti

day of

-::1[L11./...,.

..

Am, SbIpIey, on au. ~(I-!::

2006.

RETURN TO
~"f!JiJls,
~~jI

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Dr 1IIImlll'''III~I~II~'III~1

23 PGS

2006054357

HOMECOMINGS FINANCIAL NETWORK, INC. One Meridian Crossing, Ste. 100 apolis MN 5.5423
..mber: 042-909841-1

INC.

DEFINITIONS Words used in multiple sections of this d Sections 3, 11, 13, 18, 20 and 21. Certain also provided in Section 16. (A) "Security IDStnunent" means this document ...... whilr'.Ior-''i:q together with all Riders to this document. (B) "Borrower" is

28TH,

2006

KURT KIRCHHOFF AND MELINDA KIRCHHOFF,

Borrower is the grantor under this Security Instrument.

(C)

"Lender" is

HOMECOMINGS FINANCIAL NETWORK INC.

TEXAS-Single

Familv-Fannle MBe/Freddie Mac UNIFORM INSTRUMENT WITH MERS

G!i-6AITX, .. oei.ot
poge , of

18
VMP Mortgage

' ' 11.1.,

MFl'XYW:. )
~

I 042-909841-1

SOlution •• lno,

RETURNTO
~j. ~

~"f7tJ4

CORPORATION

dex.istinS under the laws of

850

DELAWARE QUORUM DRIVE, SUITE

500

of the Note wno is entitled to receive payments under the Note. _ OIl W. Ledbetter . Trustee's address is , TX 75248 (>#115, Dallas
(E) liME S"'rrcnlcReglstration Systems, Inc. MERS is a separate corporation that is acting solely s er and Lender's successors and assigns. MERS is a benefidary under this Security '. S is=aniiod and existing under the laws of Delaware, and has an address and telepne umbo' - " :. " '.' 0 .026, Flint, Ml 48501-2026, tel. (888) 679-MERS. (F) "Note" means e pro "sso. . of; . hed by Borrower and dated JUNE 28TH, 2006 , The Note states that ind.er TWO HUNDRED TWENTY S IX THOUSAND SEVEN HUNDRED PI FTY Dollars (U.S. $ 226,750,0 ." t, Borrower has promised to pay this debt in regular Periodic Payments and to pay the deb in 0 lCl'than JULy 1ST, 2036 (G) "Property" means the pl ri d 'b'tow under the heading "Transfer of Rights in the Property, " (B) "Loan" means the debt evide due under the Note, and all sums d (I) "Ridersn means all Riders to thi 'ecurity ln$_ Riders are to be executed by Borrower [check bo '
0

o Balloon Rider
DVA RideI

[i] Adjustable

Rate Rider

0 Coooom.inJ; Ii]Planned Uni-

DBiweeldyPay

..."", _ _

",.

(J) "Applicable Law" means 011 controlling .pPJ; bl.Q s and local statutes, regulations, ordinances and administrative rules and orders (that hli:the. . -,oflaw, as well as all applicable final, non-appealable judicial opinions. (K) ItCommunity Association DuE'S, Fees, and Assessmen~' ue , fees. assessments and other charges that are imposed on Borrower or the Property b ..8 'GoI:tt;IoilIll9iu~ sscciation, homeowners association or similar organization. _ - etion originated by (Ll "E1eawnfc Funds Transfer" meM18, any transfer of funds, 0 cbeck, draft. or similar paper insuument,wbioh is initiated throu illic rminal, telephonic instrument, computer, or magnetic tape so as to order, .instruct,or a orL la ·stiWhoiJ. to debit utoma.ted teller or credit an account. Such lenn includes, but is nQI liittitedto,poin·· machine transactions. transfers initiated by telephone, wire trans(e~ ~earinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3, (N) "Miscellaneous Proceeds" means any compensation. settlement. award of ......-.!>!.... by any third patty (other than insurance proceeds paid under the coverages desc· damage to, or destruction of, the Property; (ii) condemnation or other taking of Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, value andlor condition of the Property,
InIIl'!~:.~

4Il.6AITXI

(0508).01

Page 2 of 16

MFTX7770 (06/2006) I 042-909841·1

.) ''Mort age Insurance" ~ Note, ."

means insurance protecting Lender against the nonpayment of, or default on,

means the regularly scheduled amount due for (i) principal and interest under the ts under Section 3 of this Security Instrument. ~llS,J~~~al Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its ation X (24 C.F.R. Pan 3500). as they might be amended from time to sor legislation or regulation that governs the same subject matter. As used ,, PA· refers to all requirements and restrictions that are imposed in regard gage loan even if the Loan does not qualify as a "federally related mortgage
II

ower'\ means any party that has taken title to the Property, whether or o,er's~ations under the Note and/or this Security Instrument.
~RTY trument is MERS (solely as nominee for Lender and Lender's su sors and assigns of MERS. This Security lnstrument .r.Rr.IYlmelllhof e Loan, and all renewals, extensions and modifications of ower's covenants and agreements under this llTQ' • Borrower irrevocably grants and conveys to following described property located in the WILLIAMSON

Lot 26, Block H,

ROUND ROCK ("Property Address"): TOGETHER Wlm all the improvements now or hereafter erected easements, appurtenances, and fixtures now or hereafter a part of the property. additions shall also be covered by this Security Instrument. All of the foregoing ls
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10506'.01

P"II" 3 of 16

MFTX7T70 t06I1(06)

I 642-909&41-1

JAt-

~,~-. ~~~~'~.~~~-------------(~)
-Borrower KURT KIRCHHOFF

BLlWDA

KIRCHHOFF

-7'=-4::--+----------

-Borrower

(Seal)

_____________

(Seal)
-Borrower

~~-~~~--------(Seal)

-Borrower

_______________________

(Seal)
-Borrewer

-a-8AITXI

IQ501;),01

Page 15 0116

MFTX7770 (06/2006) 1 042-909841-1

Chantllu,

}.1~Ia(''1 PuMt;,

on

this day

personally appeared

HUSBAND AND WIFE

2006

My Commission Expires:

fl!t-6AITX1I0501l1.01
MFfX7770 (0612006) I 042-909841-1

Pogo 16 of 1II

Form 3044

1/01

(6-Montb LIBOR IDdex - Rate Caps) (AsSl!Pt6.b!led.l~iIli'tJUe of Loan) (First Business Day of Preceding Montb Lookback) RIDER is made this 28TH day' of JUNE, 2006 shall be deemed to amend and supplement the Mortgage, Deed (the "Security Instrument") of the same date given by the re the Borrower's Adjustable Rate Note (the "Note") to

JUSTABLE RATE RIDER

and is ir\t<1r.rr\lVl'I,T of Trust, undersigned

.. ,.,

HOMECoMINGS

.NC.
covering the property described in the Security

FOR CHANGES

IN THE

A. INTEREST RATE AND MONTHLY PAYMENT The Note provides for an initial interest rate provides for changes in the interest rate and the 4. INTEREST RATE AND MONTHLY PAYMENT OHANG (A) Change Dates The interest rate I will pay may change on the first and may change on that day every sixth month thereafter. E rate could change is called a "Change Date."

%. The Note

hich my interest

MULTISTATE ADJUSTABLE RATE RIDER 6-Month LlBOR Index lAs Loanl (First Business Day Lookbackl - Single Family - Freddie Mac UNIF _-815R (0405) Form 5120 3/04

Page 1 of 4 Inltials:~ VMP Mortgage Solutions

(800)521-7291
MFCD91S3

~JG
_ (0712004)

1042-909841-1

"In U( mont int~ 0 ad ra s as pubUs "din. . businasd of is called If the

first Change Date, my interest rate will be based on an Index. The London Interbank Offered Rate ("UBOR") which is the average of ix-month U.S. dollar-denominated deposits in the London market, e t_ urn_I..The most recent Index figure available as of the first immediately preceding the month in which the Change Date occurs

f the monthly payment that would be

never be increased or decreased on any single G percentage poin interest I have been paying for the preceding greater than 15.3750 %. (E) Effective Date of Changes My new interest rate will become effective on esc ha of my new monthly payment beginning on the first monthly Date until the amount of my monthly payment changes again

ONE

%) from the rate of

terest rate will never be

(F) Notice of Changes The Note Holder will deliver or mail to me a notice of any cha the amount of my monthly payment before the effective date of a include information required by law to be given to me and also the ti of a person who will answer any question I may have regarding the non

CIt -815R (0405)

101 'CP91 53 • (07120041

Page 2 of 4

I 042·909141·1

PROPERTY

OR A BENEFICIAL

INTEREST

IN BORROWER

IJft~C01~

Instrument is amended to read as follows:

~nA.rl"lII>pertv or a Beneficial Interest In Borrower. As used in this

the Property" means any legal or beneficial interest in the but not limited to, those beneficial interests transferred in a /I'"nt''''ct for deed, installment sales contract or escrow agreement, the transfer of title by Borrower at a future date to a pa th~perty or any Interest in the Property is sold or .Borr _ er Mot a natural person and a beneficial interest in Borrower is s . nsf edl without Lender'S prior written consent, Lender may require immediat ay n1' of all sums secured by this Security Instrument, However, thisop , .e xercised by Lender if such exercise is prohibited by Applicable Law. nd~1I h I not ereise this option if: (a) Borrower causes to be submitted to L nder....mfor ti req 'red by Lender to evaluate the intended transferee as if a ne bei made to the transferee; and (b) Lender reasonably determines nde ! security will not be impaired by the loan assumption and that the a breach of y covenant or agreement in this Security Instrument is accep Ie to Lender To the extent permitted by Applicr may charge a reasonable fee as a condition to Lender's consent the n a ·$U ption. lender may also require the transferee to sign an assumpti n 8g erne s acceptable to Lender and that obligates the transferee to keep all he isee nd agreements made in the Note and in this Security Instrument. Bor wer' . ue to be obligated under the Note and this Security Instrument unless Len ~rese Borrower in writing, If Lender exercises the option to requk i adi re ,ayment in full, Lender shall give Borrower notice of acceleration. The ot all provide a period of not less than 30 days from the date the notice is gi . in a .ith Section 15 within which Borrower must pay all sums secured by thi In trument. If Borrower fails to pay these sums prior to the expiration of nder may invoke any remedies permitted by this Security Instrument w ice or demand on Borrower.

at·816R (0405)
M fCD915J .19712004)

Page 3 of 4

Initial'~

I 042-909141-1

RETURN TO
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Borrower accepts and agrees to the terms and covenants contained ider.

--~~....3,.;,,&-,"":':"'J;....:.~,F-----

(Seall -Borrower

,~~s.an

Mit. ~~rower
(Seal) -Borrower

_____________

_____________

(Seal)

-Borrower

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(Seal) -Borrower

MFCD9U3

- (01lZ004.1

I 042-909841-1

fIrt-815R (0405)

Form 6120 3/04

FILED AND RECORDE

~E.~U\.
86/38/2.86 PHOLTZ 83:39 $104.00

OFFICIAL PUBlIC RECORDS 20060

pn

NANCY E. RISTER, COUNTY CLERK WILLIAnSON COUNTY, TEXAS

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2008053274

15 PGS

Loan Number 6961562921 MERS Number 100159969615629279

(A) "Security Instrument" means thiS'g9C\Ul9.eIlltN\~·i b (B) "Borrower" is KURT KlRCImO Security Instrument. (C) "Lender" is LmERTY MORTGAGE qc)~~~l'l laws of THE STATE OF GEORGIA. Lende

dated JULy I, 2008, together with all Riders to this document. . A K1RCIDIOFF. Borrower is the grantor under this

plus interest. Borrower has promised to pay this debt in regul

JULy I, 2038. (G) "Property" means the property that is described below under the headin
(II) "Loan"

"T means the debt evidenced by the Note, plus interest, any prep ym. and all sums due under this Security Instrument, plus interest.

TEXAS--Single Family--Fannie MaelFreddie

Mac UNIFORM INSTRUMENT

Fonn 3044 1101 (rev. 12/03)

s al1 Riders to this Security Instrument that are executed by Borrower.

orrower [check box as' applicable]:

The following Riders are to be

D Condominium Rider IX! Planned Unit Development Rider D Biweekly Payment Rider

o Second Home Rider

!Xl Renewal and Extension Addendum

means all controlling applicable federal, state and local statutes, regulations, ordinances and ders (that have the effect of law) as well as all applicable fmal, non-appealable judicial opinions. afo es, Fees, and Assessments" means all dues, fees, assessments and other charges that are e rope, by a condominium association, homeowners association or similar organization. bqjLJulIi4.lv1~ra:ns(~~~ any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, ugh an electronic terminal, telepbonic instrument. computer, or magnetic tape so as to order, instruct,'r a .~: " ti~tion to d~bit or credit ~ ~c::count. Such term in~ludes, but is not limited to, point-of-sale t s, IJ, ,hine transactions, transfers initiated by telephone, WIre transfers, and automated clearinghouse transfers; (M) "Escrow Items" 'that are described in Section 3. (N) , "Miscellaneous compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance pr under e coverages described in Section _5) for: (i) damage to, or destruction of, the Property; (ii) condemnation 0 'g- f all or y part of the Property; (iii) conveyance in lieu of conderrmation; or (iv) misrepresentations of, or omissi ns dl condition of the Property. (0) "Mortgage Insurance" m _ er against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means . eduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Sectul (Q) "RESPA" means the Real Est c UTes Act (12 U. S.C. § 2601 et seq.) and its implementing regulation, Regulation X (24 C,F,R, Part 3500), as ey mig. . ended om time to time, or any additional or successor legislation or uriry Instrument, "RESPA' refers to all requirements and regulation that governs the same subjec. ,~As u i is restrictions that are imposed in regard to ',' fed . ted rtgageloan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. ' (R) "Successor in Interest of Borrower" m en title to the Property, whether or not that party has assumed Borrower's obligations under the Note an t. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (soleI successors and assigns of MERS, This Security lXlSlTWD t s extensions and modifications of the Note; and (ii) the pen~pnam;:e Instrument and the Note. For this purpose, Borrower irre ~~[..8!~!:S'1tfithe following described property located in the Count' [Type of Reeordini er and Lender's successors and assigns) and the (i) the repayment of the Loan, and all renewals. wer's Covenants and agreements under this Security 'lh:!~.nveysto Trustee, in trust, with power of sale, of WILLIAMSON [Name of Recording Jurisdiction]

Lot 26, Block "HI!, BENT TREE SECTION II, an addition to Wlia. Texas, according to the map or plat thereof recorded in Cabinet L, ...........392, Plat Records of Williamson County, Texas.

which currently has the address of [Street] =R"",O;..;;UND~::....::.:R:.::O...::C,=,K=:----=-, Texas [City]

....,'=8:-;:6c::o;81==-:--:-_ (" Property Address "):

[Zip Code]

TEXAS-Single Pamily-Fannle Mae/Fr~die Mac UNIFORM INSTRUMENT

B'

ION G BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and Ride xeeuted by Borrower and recorded with it.

'

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... ..

(Seal)

·Borrower

(Seal)
-Borrcwer

.........................

,.

__

(SeaJ)
-Borrower

Form 3044 1101 (rev. 12/03) (page 12 of 12 pages)

WAL
_~ __ ,,~",<

AlW

EXTENSION ADDENDUM TO DEED OF TRUST

DATED JULy 1,2008.

BY: KURT KIRCHHOFF AND MELINDA KIRCHHOFF •FIT OF: LWERTY MORTGAGE CORPORATION

ven 'in renewaland, extension ofihe follo:wlng d'eacribed llTorrliss(lI), noie(s)anilall of Il'\e lien.~, rigbls. d seeurity interests seOU'Jng them thaI are created, made or granted by, the following described inst ,en , and against the herein described real property, whicb said note(s) and Hen(s) arehereby expressly ac ow' by G ,Ipr 'to be valid and subsisting Uen(s) against the properry herein described; and it is expressly slipu ed atmnd,_ ed" hal said Uen(s) are,hereby renewed, ,extended 8.1,1d continued in full force and effect to secure"the payment, of e Ol~, ereb cured and Beneficiary herein or hs assigns 'arc duly subrogated to rights. powers and equities f,' gina _ , of ld Note. "

an

First Not

AS NOMINEE FOR HOMECOMINGS FINANCIAL