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Northlake WE P1-6-AG 961022AGENDA REQUEST FORM CITY COUNCZLMEBTZNGz October I~BMCAPTXON~ Consider approval of an OrdXnance ~antXnq a lXcense for ~e use of park prope~ located 751 Pelican ~ne, and au~or[z~nq SUBMITTED BY8 JJ~Witt TXTLB8 City Manager BTAFF approvaX x Den:LaX This issue dates back to 1989 when the landowner sought assistance from the City regarding the location of a tennis court which encroaches approximately four feet onto City property. The Ordinance presented for your approval is the result of action taken by City Council on April 25, 1989 (copy attached). The property has recently been sold and the new owners will take possession on November 1, 1996; both the owners and the buyers are anxious for this ~atter to be completed. It ie ~fort~ate that this ~tter was not conclud~ in 1989. BUI~BT MiT.$ AKT. BST.$ +/- BOD:$ DXR. XNXTXALBi FXN. ItNVXBW~ CXTY il2tl~Gn RI'VX~: Document Nmno tennis.cs mmm ~Ceu Discussion scd considerat~ou of approv&! of · load exchange located ac and ¢out~$uous to 75! Pelican due to an error Chat a~1oved a private tennis court to encroach epprox4u~tely four feet onto City park property and au~horizatiou of City Nan~er to execute necessary documents to accouplieh land exchange. Counc~lmou ~ortou moved that the exchanse of land be approved and the City Haunear be authorized to execute the necessary docunemt, to accouplieh tb~Ls exchange. Hayer Pro Ten Vilkerseu seconded the uot~ou; notion carried 7-0 vith Hayer Pro Tau 9ilharseu, Councilmen Patti3ohn, ~orton, Smochamou, Co~uun, Voile ~nd Nelson varies in favor of Cb motion. Item 11: Discussion and considaratinn of approva~ of a request to extend a restorer7 pert~t for ue~a! b~L~din~s used by the Christ Our Saviour Christian School locetod at 209 E. hndy Lake Road. Follovtnl &tseua~oa sa this item, CunnclXuin Halson uovnd that temporary permit for the two (2) per, able buiblinll et the Cbr~t Our Saviour Cbr~tinn School be elloued to remain thnm~ July. 1990. Councilmin Smotlkitm0~ lecouded tbs BOCiOU; motion carried 7-0 v~tk liayor Pro Tee Vilheroem, Couneilmm Pstti~oha, Harass, Suothetm0u, Cauls, ~olfe and kbou votin~ in favor of iht uotiem. Item 12A: C~noideretiou for acceptance of nominations for tbs 1989 Coppell ~osmn of the Year Asmrd appeared by the ~eemmee Charity Orsanizatiou of the Hatroerunt. Follovin~ dincuaolou. Counciinem SBocheruon moved that t~e City adopt th, [uidalinun u set forth in th, City Hanqor's report for for tim 1989 Coppell Veman of the Year dmard. Coum~lmaa Councilmml PattiJotm, Mortem, 9Bodmlwou, yetis8 in favor of tbs uotiem. Item 12B: Comoider purcha~inS table(s) in the mt of *300 each in heuor of tb 1989 ~ll ~ of tk Yw r~tp~t M ~r, otbr ~ ~pmtaciv~ M/or et~ ~ts ~ h ~ld ~1~. ~r ]SOb at t~ ~ ~~ ~1 relieves8 die,au se this item, Councilman Herren uoved to table thin item until after cb Hay 16, 1989 said-year budset review. CouBeilm~ hotharuou ouconded the motLou; reties serried 7-0 utah Hayer Pro TM Vilharoou. Councilsmu PettiJobn. Hortun. btharmm. Couman. Voile and Nelseu vetoes in favor of the motiou. ltee 13: Couoidoratinu 8nd approval of refund to lattices Golf Corporation for uonthly bede chares of fire protection uoter. CounclJ~an Couman prsaoutad t~La lcou to the Cou~cii. He otat~ Cbt ~t m bio ~rot~ thc ~ the ~il ~p~ cb ewt of f~ proteett~ ~y, the mr~c~ ~lf ~ret~ ~ b ~1~ h cb ~ttu f~ Cb ~thly bm c~e. ~t7 Ci~ ~ler/fi~e Director ~nk Tr~ M Dirtier of hblic g~b Stwt ~rn prw~ed infomti~ to tb ~il h ~t~ of chh rioter, ~. ~rm stitnd tht tbre ii ~y ~ (1) ~8iul MOor Psis 4 of ? ~ 0Alan Ratliff Parkway Blvd. Coppell,. ~Tx, 75019 751 Pelican lane Coppell, Tx. 75019 February .6, 1989 Dear Mr. Ratliff: I recently spoke with you regarding my tennis court in my backyard which is now near completion. The beck edge of the tennis court goes over my property line onto a natural arboretum area owned by the city. This was unintentional and relates to some difficulty in tryi%g to ~xactly 1 .o?te .t~e ,p.roper,~Ya~line as the court was being constructed._ It _appel..s .to me tr~.t, tn.e.£~ne.?. _, when by the survel~rs now is different from that which.was orzg.~na.-y .out~x__.n..e~__sed we bought 0ur house one and one half years ago. At any rate, as with you by phone, I would like to prolxlse.~two reasonable alternatives that T believe would resolve .the problem fairly. First, ~ would be happy to purchase the land fr~a the city..'The square footage would be 185 square feet. The area involved is a trapezoid as illustrated. ~=~ I propose a price of two dollars per square foot or .~370.OOt~otal, i[fthis · sounds reasonable ,to you · . city an equal The other alternative i would propose is that I give back to the amount of. square~footage.~ My .ba?k. 1.o.t lxne nas a trtangu~r af~a tl~t Jt~t$ beck~ard f~ the main:, property line .~ the. property line were redrawn ' in this . area as"Shown on the survey p]~ot' by a red -he~ area, it w~ld give Imck to the citY::195 square feet- ,'If' the city w~ld prefer this ove~ my proPOsal; IWould tr ..a~.< 'this area for the square footage my court extends over the property line, lease :et,me if either proposal woum be acceptable to [he city or if you have another idea. Thank you for your consideration in th~ matter. Yours truly, ~ ORDINANC~ NO. AN ORDINANCE OF ~ CITY OF COPPI~J,I,:. TF, XAS, GRANTING A LICENSE FOR THE USE OF PARK PROPERTY; PROVIDING CONDITIONS; PROVIDING FOR TERMINATION BY THE CITY; PROVIDING FOR MAINTENANCE; AND PROVIDING AN EFFECTIVE DATE. ~S, the City of Coppell owns park property immediately behind the residential property at 751 Pelican Lane; and WI~'.REAS, the tennis court on the property at 751 Pelican Lane encroaches inadvertently into the park property, and WI~'.~S, the City Council desires to grant a license to the abutting property owners for the use of such park property to maintain the encroaching tennis court; Now, Therefore, BE IT OR1)~ BY TIiE CITY COUNCIL OF ~ CTrY OF COPPEI,I~ TEXAS: SECTION 1. That there is hereby granted a license for the use of the park property descn~oed and depicted in Exhibit "A", attached hereto and made part hereof for all purposes, in favor of the abutting owners of the property descn~x:l as Lot 14, Block F, ofthe Northlake Woodlands East Phase 6, an addition to the City of Coppell, Dallas County, Texas, according to the map recorded in Volume 85206, Page 784, of the Plat Records of Dallas County, Texas, and more commonly known as 751 Pelican Lane, Coppell, Texas, for the maintenance and use of a tennis court located on such property and encroaching into the area described in Exhibit "A''. SECTION 2. That such license is granted subject to the following conditions: (a) That this is a license for the temporary use of the park property by the abutting owners for tennis court purposes. 1 S84232 (b) That this license is terminable at will by the City Council of the City of Coppell, Texas. (¢) That the area licensed hereby shall at all times during the period of this license be maintained by the abutting owners at their sole expense. (d) That the abutting owners as licensees hereby indemnify and hold harmless the City of Coppell for any claim or damages arising out of or in any way connected with their use of the licensed premises for the purposes described herein. (e) The licemees shall erect no further structures of any kind in the licensed area, without the prior express written consent of the City Council of the City of Coppell. SECTION 3. Notwithstanding any provision of this Ordinance, the City of Coppell maintains its ownership and control of the licensed area and the abutting park property for public park purposes and this license grants no lease or other property interest to the abutting owners in such public park, except as specifically stated herein. S~ION 4. This license shall not take effect unless and until all the private property owners abutting the described premises shall have acknowledged acceptance of the license and the conditions hereof by aff~g their signatures to a duplicate copy of this ordinance and returning it to the City Secretary of the City of Coppell, Texas. SECTION 5. This ordinance shall take effect immediately bom and a~er its passage as the law and charter in such cases provide. 2 SS4232 DULY PASSED by the City Council of the City of Coppell, Texas, on the , 1996. day of APPROVED: TOM MORTON, MAYOR ATTEST: KATHLEEN ROACH, CTI'Y SECRETARY APPROVED AS TO FORM: (RLD/ttl O4-3O-96) $~4232 Co) That this license is terminable at will by the City Council of the City of Coppell, Texas. (c) That the area licensed hereby shall at all times during the period of this license be ~ by the abutting owners at their sole expmse. (d) That the abutting owners as licensees hereby indemnify and hold harmless the City of Coppeil for any claim or damages arising out of or in any way connected with their use of thc licensed prcmis~ for the purposes described herein. (e) The licemees shall erst no further structures of ~ ~ ~ ~ licemed area, ~ the prior express written consmt of the City Council of the City of Coppell. SECTION ;~. Notwithstanding any provision of this Ordinance, the City of Coppetl maintains its ownership and control of the licemed area and the abutting park property for pvblic pad~ purposes and this licwae grants no lease or other property intm~ to the abutting owners in such public park, hereof by affixing their signatures to a duplicate .copy of this ordinance and returning it to the City SECTION 5. This ordinance shall take effect immediat~ from and ~its patsage as the law and charter in such cases provide. 2 SS4232 LAWRENCE W. JACKSON ROBERT L. DILLARD III ROBERT E. HAGER PETER G. SMITH DAVID M. BERMAN BRUCE A STOCKARD NICHOLS, JACKSON, DILLARD, HAGER & SMrII-I, L.L.P. Attorneys & Counselors at Law 1800 lincoln Plaza 500 North Akard Dallas, Texas 75201 (214) 965-9000 Fax (214) 965-0010 JOHN F. ROEHM Ill JENNIFER R. DIETZE JASON C MARSHALL ROBERT L DILLARD, JR. H. LOUIS NICHOLS Of: COUNSEL April 30, 1996 Keith A. Schorth M.D. 1235 Bent Creek Drive Southlake, Texas 76092 RE: ORDINANCE GRANTING LICENSE TO CITY PROPERTY Dear Dr. Schom: Enclosed is a draft of an ordinance that I proposed to grant the license to city property to accommodate the encroachment of your tennis court at 751 Pelican Lane. Please review this and let me know if you have any questions. I understand that you will pay the cost of preparation of this ordinance and that you will have your surveyor come up with a legal description and site plan for use as Exhibit "A'. Very truly yours, _. NICHOLS, JACKSON, DIIJ_ARD, ~ ~"H~GER & SMITH, LLP. ~ ~ Robert L. Dillard, III \ RLD/ttl Enclosure CC: Mr. Jim Witt City Manager City of Coppell AGG084BD /~/ /~/----'-~ The Ci[y With A Beautiful Future FILE COPY R O. Box 478 Coppell, Texas 75019 214 - 462 - 0022 Mr. Keith Schorn 751 Pelican Lane Coppell, Texas 75019 RE: PERMIT REQUEST FOR TENNIS COURT (PARTIALLY WITHIN FLOODPLAIN) SUBJECT: FENCE OPENING/FLOOD GATES Dear Mr. Schorn: We have reviewed the sketch you provided us reagarding the fence openings for your tennis court, within the floodplain. As you know, City Staff, your Contractor, and you, have discussed this matter in great detail. Please note that our comments only have been related to your tennis court, being permitted at this time and not the existing fence(s) on either side of your property. In general, we don't have any objection to your proposed fence opening with the exception of fences, in flood plain, with no flood gates. In this regard, as you agreed, you will provide a notarized letter, stating that "should these fences, with no flood gates, have adverse impact on the flood water that either the problem will be corrected or the subject fences will be removed. Please provide standard details and shop drawing on a typical flood gate as proposed to Building Inspections Department. It is important to note that such opening need to be functional at all times. If you have any question, please let us know. Thank you.  // City EngineeF RD/ch xc Wesley Kilcrease, Fire Chief, Dale, Jackson Building Inspector Mr. Russell Doyle Chief Engineer City of Coppell April 30, 1789 Keith Schorn 751 Pelican Lane Coppell, Tx. Dear Mr. Doyle; I have been talking with you and your staff regarding my tennis court at 751 Pelican Lane since September of 1988. The.CJourthas been constructed and the only remaining point that needs to be resolved is regarding flood gates along the fence of the court. It had b~en decided that there would be hinged flood gates at the lower part of the fence that is perpendicular to the potential flow of flood waters. I have talked numerous times with Sharis regarding this, and I believe wehave concurred on the general ideas regarding the flood gates. She had asked me to submit a detailed sketch of the flood gates as I would propose to build them. The enclosed sketch shows seven flood gates, each two feet high by approximately nine and one- half~eet wide, that would be constructed at the lower port~on of the fence that runS. along the length of the court, on the property line and perpendicular to the flow of potential flood waters. As shown on the diagram, the fence sections areound the light poles would not have flood gates. This is due to mechanical problems of building the ga~es around light poles. Also, gates around the light poles would be small and costly to construct. I did not propose flood gates for the ~ence on the Opposite side of the court as there is only one nine and one-half foot section of fence that is in the flood plain easement and perpendicular to the flow of potential flood waters. There is more than eighty feet of open area adjacent to tbmt section of fence. I believe that the plan that I ha~e outlined allows for adequate drainage. I believe that the size of the gates, with~.eir two feet height being higher than necessary by our previous calculations, and as I have extended the gates further up the court than had b~en estin~ted to be necessary, will more than compensate for leaving the fence intact around the light poles. I have tried to design the fence and flood gates to be practical and as economical as possible. After getting three estimates, I believe the above outlined plan will cost me approximately $1500.00. If you find this to be a reasonable plan, let me know and it will he promptly carried out. If not, I'll behappy to work on an alternative plan. Thank you for the time you have spent on this project and your consideration of this plan. Yours truly, KeithA. Schorn November 11, 1988 MEMORANDUM TO: VIA: FROM: Dale Jackson, Bu~l~i~G Official Russell R. Doyl~%~/E., City EnGineer Shohre Daneshmand, Civil EnGineer Keith Shorn's Request for a Tennis Court (Partially Within the Floodplain) Your memo of November 9, 1988, (COPY ATTACHED), has been received and we appreciate your attention to this matter. A revised memo is returned herewith and hope you find it acceptable. You will find the following differences. We have added a more declarative/demonstrative statement at the end of ParaGraph No. 1. The conditions three (3) thru six (6) are explicit and headed as Floodplain. In ParaGraph No. 6, we have added the date we started working with your office on this matter. We have deleted the troublesome statement about collapsible fences. It probably should be brought to your attention that Article 5, Section A, General Standards, has requirements on the specifications of facilities built in the Floodplain, related to electrical, heatinG, ventilation, plumbinG, etc...; that would solely come under the preview of your office. Regarding the minor cut and fill statement, we were relying upon the plot plan and elevations furnished us, sealed by Surveyor Brad Spars (#3701), and what Mr. Shorn presented to us about that information. We have asked for his "removal" and "disclaimer" statements to cover any unforeseen occurrence in the future. Additionally, we had the commitment of your office to require and furnish this office with post construction elevations, so we can confirm same. If you have documented information to the contrary, then we will review it and act accordingly. We did respond to Ron Fart's information and Russell and I made a field visit to the site, and observed grading was underway; but one could not tell what the final Grades after compaction would be, and whether any dirt would be hauled off, etc. Sorry if this was not communicated back to you at the time. I hope this information meets all your permitting process requirements. If not, may I suggest a meeting so that we do not add any more time to Mr. Shorn's permitting process than need be. We know that your office will continue working with our office as well as we have in the past. I am the operating division head on this and other like engineering activities. Either myself and/or Russell Doyle, can assist or respond to any inquiries you might have. Thanks. SD/RRD/lsg SHORN2ND. MEMORANDUM November 9, 1988 FROM: uale J~ckson, Building Officia]~-~/ RE: Floodplain Permit - Keith Schorn The memo from Shohre Daneshmand dated November 7 does not indicate whether a floodplain permit has been issued for the tennis court work. Item number 4 of the memo states: "It is our understanding that FEMA prefers collapsible fences vs. fixed in place fences." Does this mean that you are going to require all fences on the property to be collapsible, or does it mean that you only prefer that the fences be collapsible? Also, the memo stated that minor cut and fill (less than 1/2 foot) was acceptable. I want to bring it to the Engineering Department's attention again that almost 3 feet of fill has recently been placed on the lot. Ron Farr notified Shohre on November 3 that the 3 feet of fill had been placed on the property. Until I receive a copy of an actual floodplain permit, approved by the Floodplain Administrator and containing all stipulations that are placed on the project by the Engineering Department, I will be unable to iSsue building permits for the fence or tennis court work. xc: Alan D. Ratliff, City Manager floodplain.mem November 7, 1988 MEMORANDUM TO: Dale Jackson, Bu_i.l~ing Of/~Ficial VIA: ~'~ RuSsell R. Doyle. , City Engineer FROM: Shohre Daneshmand, Civil Engineer ~..;.. RE: Permit Request for Tennis Court (by Mr. Shorn @ 751 Pelican Lane) We have reviewed the survey plat and other information (See Attached), received from Mr. Shorn, in addition to the related Flood Insurance Rate Map (FIRM), published by FEMA; concerning the above referenced project. The proposed tennis court is in the floodplain (Zoned AE, X), C.P. 480170 0005 D, draft FIRM map dated September 22, 1988. The existing and proposed elevations on the survey map indicates that there will be minor cut and fill (i.e. less than 1/2 foot) involved in the construction of such tennis court. This should not have any adverse impact on the conveyance of the floodplain. There are several matters that Mr. Shorn has agreed to address prior to issuance of tennis court and related fence permit. They are as follows: OTHERS: l) The proposed tennis court covers a segment of the 10 foot GTE easement. 2) According to the information on the survey plat, it seems that there may be an encroachment over the rear lot line. FLOODPLAIN: 3) 4) The concrete slab needs to be essentially flush with the ground/creek bed. As discussed with Mr. Shorn and Ron Fart of your office, provisions must be made for some type of opening at the bottom of the fencing in the floodplain, which would permit conveyance of all water and surface objects and debris to pass thru at the 100 year storm event, etc. One such example presented by Mr. Shorn is attached. The operation of the fence opening must ~uarantee free flow at all times, in the limits of the floodplain. (It is our understanding that FEMA prefers collapsible fences vs. fixed in place fences.) The southerly fence must be parallel to creek flows and water must be able to pass under the fence to a minimum elevation of two (2) feet above the B.F.E. 5) Mr. Shorn will also assure the City in writing that if in the future, said fence causes any obstruction to the flow, or at any time the City requests, the fencing and other improvements in the floodplain will be removed by him, at no cost to the City. 6) A disclaimer shall be provided that the City of Coppell is not responsible for such maintenance, nor any liability thereof, nor any liability related to these improvements. We hope this review and recommendations will assist you in your permitting process. Let us know if you have any questions. SD/lsg xc: Alan D. Ratliff, City Manager SHORN/JA.CKS an adt .Te~s, according to the Co PELICAN LANE ~-~d IC.o. ~. .~ ~ ~?.z' prone area IZonll A~). However, m F.[.H.A. )d Clettf[~ltl hll llln coip~ltld Dn tt Hm~ deterBtnid thmt the mint~m ftnilhed till the lUbJect houle finAIhed floor not tn m 4CROACHMEN1S. CONH.I~5. OR PROIRUSIONN, ~CEPT ~ SH~. Tbs su~' ~s ~dm~ C~ ,d Tl~ I~ C~)', I~ O[ [RI~ /~ ~ OTHER PUR~F OR BY OTHER ~IF~ SHAII o~) BF A1 IHFIR RISK AND I[NDFRSIC;NEI) IS NO1 RF~PONNIRI I IOOIHERNtORANYI 15 ntt I~ THE MEDICAL AND SURGICAL CLINIC OF IRVING, P.A. GENERAL PRACTICE ~23 WEST PARK DRIVE SURGERY KENNETH G. DUBOIS, M.D. IRVING, TEXAS7S~I MERLE R. POUNDS, M. ROBERT J. PIERCE, M.D. PHONE 2~-3121 G. HARDY RUDD, M.D. BILL S. VOWELL, M.D. DONALD L. OBERLIN, OBSTETRICS AND GYNECOLOGY INTERNAL MEDICINE FREDERICK J. KORKMAS, M.D. RONALD R. AEBER~LD, J.D. WOLLENMAN, M.D. BARRY L. O'N"L, M.D. *' sc.o.....D. WALTER W. BARRET, M.D. ADMINISTRATION KAREN D. HOLLAND, M.D. J. LESLIE HILL ROGER S. KNAPP, II, M.D. SYLVIA HARR ,1' ,mm ,/ \? I LAMP 22 -0" '" 1 '~ --- 20'-0 12'-0" :: 36'-0" eLSCO LIGHTING PRODUCTS INC. P.O. Box 8946, Stockton, CA 952 SIDE VIEW OF ENVIRO-LIGHT II AND TENNIS COURT 20'-0" AND 22'-0" MOUNTING HEIGHTS-RECOMMENDED FOR STANDARD AND NARROW COURTS. 18'-0" MOUNTING HEIGHT-UNEVEN PLAYABILITY-NOT RECOMMENDED. LIGHT L~IXG £ONTRCL REFLECTORS 2(;' >IOU?.~T 1%G [{EIGHTS OL'TDGGR LiGHTiXG .',X%LYSiS 'TEL I~Y LiGHTI:.G SCIEXCES INC. PROGRA>I *, MICRO-SITE-LITE REVISIO~ Z.0C0-F, SERIAL NO,: 0001 ;R<)GRAM MICRO-SITE-LITE IS COPYRIGHTED AND HAINTAINED ~ SCiE>~C£S I×C. T830 EAST EVANS ROAD, SCOTTSDALE, ARIZOXA 8528:) LOWING LL'HINAIRE(S) WERE USED IX THIS CO>IIUTATION: :-'E TYPE A: :EPORT NUMBER: ITL33950 DARE: 12-17-1987 PREPARED FOR: ELSCO LIGliTING PRODUCTS, INC. CATALOG NUMBER: EVR II, AKG%I, LMLIO ".:X..',IRE: FABRICATED METAL HOLS:XG, FABRICATED ~PECULAR "FOR~'ARD THRG~" REFLECTOR WiTH HAMMERrONE SIDE PANELS AND STRIP (APPROXIMATELY 11" WIDE) )k CURVED PORTION O[ REFLECTOR, [';~.AL L[MEN RATIN:} = 107800. ACTUAL LU)iEXS USED = [07800 LIGHT LOSS FA3TO~ = ,*, L[?II:(AiRE TILT ~NGLE : 3.00 DEGREES L'Ei'ANED FO[{: P~'EPARED I.Y: FORD _~GENtY S(~ TT RE[MCHE EL!CG LIGHTING FEODLCT$, iNC. P.O. BCX 89~6 - 633 SAN JUAN AVEXLE STOCKTON. LA 95203 209/[66-G~I1 COHFt'TATIO~ REPORT M~,, EVR0242 Lr'>IFLTED L'S[NG THE FOLLC~ING PHOTOMETRIC TEST FILEISI: 23930.PHT [DENT[AL TENNIS COURT SPILL LIGHT tSING CONTROL REFLECTORS ~6)EVRII-1000-MH-FB-A ~ 20' H©U~TI~G HEIGHTS LiST OF I.L'HI'.;AiRE PO$:'TION~ AND ORiENTATIO.qS [RE ORIEnTATiON OF 0.0 DEGREES CORRESPONDS TO THE FORWARD Y X. ~Ot'~TER-~LOCKWISE ORIENTATIONS ARE NEGA'rI%E, CLOCKWISE ARE LCMINAIRE X (O-ORD. Y CO-ORD. HEIGHT ABOVE ORIENTATION XO. TYPE FEET FEET PA%'~Mg~T ANOLE 1 \ 56.00 25.00 20.00 270.0 I A 56.00 60.00 20.00 270.0 I \ $6.00 95.00 20.00 270.0 ', ~: I:'~1 ~.-1. ,C'-.NF,-tB-A :~ dL,' 'IC'dxTISG HEIGHT., ~::41' i F :.l-ii ,',,*RE F:SU7[:.'..': .k,L: !';t ~7'r-R-: :.C.t.'~1 4E -;;~.E:xl'.\rLO~'~ ARE KEGk:i~,E, i.L'NI:;'.:BE X , <:- ;RI;. '.' C<-.:,21.. ltEidilT \BGVE JRiENTATIt.'; X ). :'iPE FEET FEi..T FAX E?IEXT AXGLE i \ 5;.GJ 25.03 LL .OC. 270. : ., St:. 0(; ~,1. ::t~ 20. O0 270. i :, 3E . 31; 'J, 3 .~ 6 20.6(: 27( . . . OF LL'~'IIXAIRE$ : .'l L~ ( .krl:)X :)F )BSIKLCt2G.X$ ~I'AItT ?, FI.iA_ X STAKT ', [INAL ~ START Z FINAL Z ROT.~TIc~2, 56.)0 57.)0 23.50 26.59 13.50 2).50 .00 56.:~6 57.(0 5~.50 61.50 15.55 20.50 .00 53.~;0 57.u0 9b.50 96.5,) 19.50 EO,30 ELS~'O LIGHTI:.G PRODUCTS, INC. P.O. BOX 8916 - 633 SAX .JUAN AVENUE STCCKTGN, CA 95203 209/466-0511 C:)~IPL'TA'FION REPORT NO. EVRO212 /ONI-LTED US£~G THE FOLLO~:ING PHOTOMETRIC TEST FILEISI: 33950. PHT ~L'rED BY LIGHTING SCIEXCES l~C. PROG~A>I ** NICRO-SITE-LITE ** ~IQENTIAL TENNIS COURT SPILL LIGHT tSl~O CONTROL R~FLECIORS ~6{EVRII-100O->IH-FB-A · 20' ~OU~TIgG HEIGHT8 HORIZONTAL iLLUMINANCE LE~;ELS FOR POINTS .00 FEET ABOVE THE Z : 0 LEVEL ALL k,kLL'E$ [~ FOOTCL~DLES 9.53 9.98 Il 9 15.8 : 28 4 .O .00 + :o .0 :o :o +0 + 00 64.4 .0 75.4 .0 .0 4 73.2 .0 .0 .(, + 9 58.4 .0 .O 9 42.2 · .0 / ~ 7 48.1 · · · . + +¢ + - 8 63.t · .C J3 · + +0 + + 8 73.5 · 5i.6 67.4 .O 26.7 iT.0 .~ 4. /0 + .0 [8.0 58.0 68.0 53.i) 63.0 X CO-3RDiNATE - FEET /ALE: 1 INCH : 10.0 FEET / + STATISTICS AVERAGE FOOTCANDLES : 19.36 ~AXIHU~ FOOT£'ANDL~S : 80.84 MINI~I~ FOOTCANDLES = .00 ~AX./~IN. RATIO = **t~t$ : 1 AVil./>IIN. RATIO : *$$*$~ : 1 Environmental Tennis Lighting With eLSCO'S ENVIRO-LIGHT !i Performance is Everything. So is Design. iliill ill Multiple Court On any court ~nstallat~on, whether ~t De center court. standard court, narrow spaong or multiple courts, eLSCO'S optical engineering and attention to design make possible Superior playability and d&yt~me aesthetics. In add~tion,'loW mounting he~ojht requirements have solved the problem of daybme shadows. In-Fence Line Mounting Lumma~re poles and components are cleverly integrated into the fence hne, gwing it greater strength and offering additional support for wind screens. Lum~naire a~mlng and adjustment Sharp Cut-Off The Enviro-L~ght II System has created a new specdicabon standard in outdoor tennis lighting. The sharp cut-off lummaire with hidden and shielded lamp design allow for opbmum beam utd~zabon and controlled light distribution with total freedom from g~are and annoyance factor. AdditionalLy ~ light pollution and undesirable tmJht Ill RoofTop Roof top tennis is a concept bom of necess~, where confining Iocatio~ eli.minates normal alternatives. The Eh- vim-Light fl System has,. '. been sucoeSsfUlly employed by major hotetsin inner city. spillage have heed . ' - - environments; wbe. rO aeS~ i;; become unnecessary: virtually eliminated. - . thetic design ........ harmoniou _Slyw~th ........ i . . ' . ;; i i ; ~; ......... Jtdral i'eqUii'~..' ee l.sco P.O. Box 8946, Stockton, CA 95208 (209) 466.0511 Environmental Lighting for a Secure, Aesthetic Lifestyle Manufacturing Plants in Stockton, California, Toronto, Ontario, Canada. Offices in all principal cities. Printed in U.S.A. ~ SURVEY PLAT ~ ~ TO ALL PARTIES INTERESTED IN FREMI~ES SURVEYED: is to certify tidaL ! have, thi~ date, made a easeful and a~umte su~ey on ~e ~und of p~rty I~ at ~o. ~,., ~', .... ,.d ~ .'.4~ in t~e ci~ of, ~r~ ...Tex~ Lot No. :.~ /, Bilk No. r- City Bilk No. City of ~ 'r ~ ~ u ..Text, ncco~inl to the ~-~ reco~ed in Volume ~:.~z ..... Pa~. '~P.~ ,~+ Ree~s ~LL~ .County, Tex~ 13 PELIG~N~. ~ANE · ' 7~.o' ~ " r,,,FILE ?:',. ?.? ,:;::r:\ A LOAN #' 042015 RETURN TO: ANCHOR MORTGAGE SERVICES, INC. 13111 N. CENTRAL EXPWY, ilO0 DALLAS, TEXAS 75243 GF# Mi48106COP TTI ISpace Above Th~$ Line Fro' I~eco~clm~ Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on The grantor is KEITN A. SCHORN AND WIFE, CAROL A. SCHORN JUNE 16 , 1987 ("Borrower"). · whose address is The trustee is MICHAEL L. RIDDLE 4004 BELT LINE ROAD, SUITE 200, DALLAS, TEXAS 75244-2317 ("Trustee"). The beneliciary is ANCHOR MORTGAGE SERVICES, INC. which is organized and existing under the laws of THE STATE OF NEW JERSEY and whose address is 1460 VALLEY ROAD, WAYNE, NEW JERSEY 07470 ("Lender"). Borrower owes Lender the principal sum of TWO HUNDRED TV'ENTY THOUSAND FIVE HUNDRED AND NO/100 Dollars (U.S. $ 220 500 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), .~,hich'provides for monthly payments, with the fulldebt, ifnol paid earlier, due and payable on ,JULY 1, 2017. Thi.~ Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Nme, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums· with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenanls and agreements under this Security Inslrumenl and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, County, Texas: with power of sale, the following described property located in DALLAS LOT 14, BLOCK F, OF NORTHLAKE WOODLANDS EAST, PHASE 6, AN ADDITION TO THE CITY OF COPPELL, ACCORDING TO THE HAP THEREOF RECORDED IN VOLUME 85206, PAGE 784, PLAT RECORDS, DALLAS COUNTY, TEXAS, TOGETHER WITH CERTIFICATE OF CORRECTION RECORDED IN VOLUME 86123, PAGE 6360, DEED RECORDS DALLAS COUNTY, TEXAS GRANTEE: ANCHOR MORTGAGE SERVICES, INC. 1460 VALLEY ROAD, WAYNE, NEW JERSEY 07470 whichhastheaddressof 751 PELICAN LANE, COPPELL, lC, el ' Isweetl Texas ' 750'i9 ("Property Address"): IZ,a cocCI TOGETHER WITII all the improvements now or hereafter erected on the property, and all ea.~ments, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water righls and stock and all fixlures now or hereaflcr a part of the property. All replacements and additions shall also be covered by Ibis Security Ins~rumenl. All of the foregoing is referred to in Ihis Securily Instrument as thc "l'roperty." []ORROWER COVENANTS Ihal Borrower is lawfully seised of the eslale hereby conveyed and has the right Io grant and convey the Property and Ihat the Property is unencumbered, except for encumbrances of recoil. Borrower warranls and will defend generally the tille to Ihe Properly against all claims and demands, subject Io any encumbrances of record. TIII~ .~ECCR. I IY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited varialions by jurisdiction Io con,~tit ute a uniform securily instrumenl covering real properly. Fo~m 3044 I'FXAS_SinBle Famdy--I:NIdAIFHI. MC u#IFOI~d INSTRUMENT ~NIFORM Cf)VFNAN~l S'~rrow'er and Lender covenant and agree a', I'ollows: I. P~ymenl of Princip~ nd Interest; Prepayment ~nd IJte Ch~rRes. ~rrowcr ~romplly pay when due the principal of and inlercsl on the debt evidenced by Ihe Note and any prepayment and late ch...ds due under Ibc Nolc. 2. Funds for Taxes ~nd Insurance. Subject Io applicable law or lo a wrillcn waiver by Lender. ~rro~er shall pay ~o Lender on thc clay monlhly paymcms are duc under thc Note. until the No~e is paid onc4welfth of: (a) yearly taxes and assessmcuts which may attain priority over this Securit5 Instrumenl: (b} yearly leasehold payments or ground rents on ~hc Pro.fly, if any: (c) yearly hazard insurance preminms: and (d) yearly mortgage m~urancc premiums, if any. Thee ilcms are called "escrow ilemx." Lender may estimate Ihe Funds due on the basis oFcurrem da~a and reasonable e~limalcs of Future escrow ilcms. The Funds shall ~ held in an instilution the de~sils or accounls of which are insured or guaranleed by a f~eral or sta~c agency (including Lender iF Lender is such an instilulion). Lender ~hall apply thc Funds Io pay Ihe e~row items. l.ender may nol charge for holding and applying Ihe Funds. analyzing the account or verifying thc escrow ilems, units Lender pa~s Borrower inter~l on the Funds and applicable law ~rmil& Lender to make such a charge. ~orrower and Lender may agree in wriling that interest shall ~ paid on the Funds. Unles~ an agr~ment is made or applicable law requires interes~ ~o be paid, Lender shall nol he requir~ Io pay Borrower any interest or earnings on the Fund~. Lender shall give to ~rrower, wilhoul charge, an annual accounting of Ihe Funds showing credits and &bits to the Funds and the put.se for which each debit ~o the Funds was made. The Funds are pledged as addilional security for the sums ~ecurcd by this Securily Inslrument. If the amount of the Fund~ held by Lender, Iogether with the future monthly payments of Funds payable prior to the due dates of I he escrow items, shall exc~d the amount required to pay Ihe escrow items when due. the excess shall a~ Borrower's nption, either promptly repaid to Borrower or credited to ~rrower on monthly payments of Funds. If the amount of the Funds held by Lender is not su~cienl lo ~y the escrow items when due, Borrower shall pay to ~nder any amoum necessary to make up the deficiency in one or more payments as r~uired by Lender. Upon payment in full of all sums s~ured by this Security Instrument, ~nder shall promptly refund lo Borrower any Funds held by Lender. if under paragraph 19 the Pro.fly is ~ld or acquired by Lender. ~nder shall apply, no later than imm~iately prior to the sale of Ihe Pro~rty or its acquisition by Lender. any Funds held by Lender at Ihe time or application as a credit against the sums ~cured by this Securily lnstrumenl. 3. Application of P~yments. Units applicable law provides otherwise, all paymenls receiv~ by Lender under paragraphs I and 2 shall ~ applied: first, to lale charges due under the Note; second, lo pre~yment charg~ due under Ihe Nole: Ihird, to amounts payable under paragraph 2: fourth, to inter~l duc and lasL to principal due. 4. Charges; Liens. Borrower shall pay all tax~. ass~smcnls, charges, fines and im~sitions altributable to the Property ~hich may attain priority over Ibis ~curily Inslrument, and lea~hold payments or ground rents, ir any. Borrower shall pay these obligations in Ihe manner provid~ in paragraph 2, or irnot paid in thai manner, ~rrower shall pay them on time directly ~o the ~r~n ow~ paymenL Borrower shall promptly furnish Io Lender all nolic~ or amounts to be paid under Ibis paragraph. If ~rrower makes th~ paymenls dirtily. Borrower shall promptly furnish to ~nder r~eipls evidencing the payments. Borrower ~hall promptly discharge any lien which has priority over this ~urily inslrument unl~ ~rrower: agrees in writing lo the payment or lhe obligalion ~ur~ by Ihe lien in a manner acceplable to Lender: (b) cont~ls faith the lien by, or defends against enforcemenl of the lien in. legal preenings which in Ihe Lender's opinion o~rate to prevent ~he enforcement or the lien or forfeiture of any part or Ihe Pro~rty; or (c) s~ur~ from the holder orthe lien an agreemen( satisfactory to Lender su~rdinafing the lien ~o this Security Instrument. Ir L~der delermin~ that any pti of the Pro.fly is subject to a lien which may attain priority over this ~urity Instrument. Lender may give ~rrower a notice identifying the lien. ~rrower shall satisfy the lien or take one or more of the actions ~t forth a~ve within l0 da~ of the giving or notice. 5. tlazard Insurance. Borrower shall keep the improvemcnls now existing or hereafter erecled on Ihe Pro.fly insured agains~ loss by fire, hazards included within the term "exl~d~ coverage" and any olher hazards rot which ~nder rc~uir~ insurance. This insurance shall ~ maintain~ in the amounts and for the ~s that Lender rquir~. The insurance carrier providing the insurance shall ~ ch~ by ~rrower subject to Lender's approval which shall not unrea~nably withheld. All insurance ~licies and renewals shall ~ acceptable ~o ~nder and shall include a standard morlgage clau~. Lender shall have the righl Lo hold the ~licies and renewals. If ~nder require. Borrower shall promptly give io ~der all r~eipt~ or paid premiums and renewal notice. In the event of I~s, ~ower shall ~ve prompt nolice to the insurance carrier and Lender. Lender may make pr~rof I~s irnot made promptly by Borrower. Units Lender and ~rrower otherwi~ agr~ in writing, insurance pr~e~s shall ~ applied ~o r~toration ~ repir of the Pro~rty damage, if the r~toration or repair is ~onomically feasible and Lender's ~ufity is not I~n~. Ir the restoralion or repair is not ~onomically feasible or ~nder's ~urity would ~ lessenS, the insurance pr~ shall applied to the sums s~ur~ by this S~urity Inslrument. whether or not then due. with any execs paid to ~er. Borrower abandons the Pro~rty. or d~ not answer within 30 days a notice from ~nder that the insurance car~r has offered to ~llle a claim, then Lender may collect the insurance pr~s. ~nder may u~ lhe pr~ds to r~ir ~ r~tore the Pro~rty or Io p~y sums s~ur~ by this ~urJty Instrument, whelher or not then due. The 30-day ~ri~ will ~gin when the notice is given. Unless Lender and Borrower olherwi~ agr~ in walling, any application of pr~e~s to principal shall not ext~d or po~ne the due date of Ibc monthly ~yments referr~ lo in paragraphs I and 2 or change the amount of the py~n~. under paragraph 19 the Pro. fly is acquired by Lender. ~rrower's right to any insurance ~lici~ and pr~s ~ulling from damage to the Pro~rty prior to the acquisition shall ~s to Lender to the extenl orthe sums ~ur~ by this ~udty Instrumem immediately prior to the acquisition. 6. Pre~rv~tion ~ad M~iaten~nee of Pro~dy; ~holds. ~rrower shall not d~troy, damage or su~tially change the Pro~rty, allow the Pro~r~y lo deteriorate or commit waste. Ir this ~ufity Instrument is on a I~ld, Borrower shall comply with lhe provisions of Ibc le~, and ir ~rro~er acquir~ r~ title lo the Pro~rty. the I~ and fee title shall not merge units Lender agr~ Io the~erger in writing. 7. P~t~tion of ~nder's Rights in the P~flY; M~p~ Insuran~. If ~w~ fails to ~ t~ covenants and a~r~mcnts contnin~ in this ~urity instant, or there is a legal pr~ing that may significant~ aK~ Lender's ~ghts in the Pro.fly (such as a pr~ins in hnk~ptcy, pr~ale, for c~nation or regulations), then ~nder may do and pay for Whatever is n~ to prot~t the value of the Pr~fly and ~d~'s ~gh~ in the Pro~rty. ~ndcr's actions may include ~ying any sums ~ur~ by a lien which h~ p~ority ~ this ~ty Instrument, ap~aring in cou~, ~ying r~Mnable atto~s' f~ and entc~ng on the P~fly lo make ~in. All'ugh Lender may take action under lhis ~graph 7, ~dcr d~ not have to do M. Any amounts-disbu~ by ~ndcr under this ~ragraph 7 shall ~omc a~itionai ~t ~ ~ow~ ~u~ ~ thb Secu~ty lnst~ment. Unl~ ~rrower and Le~er agrK to other te~s of ~ym~t, th~ amounts shall ~r inter f~ thc date o[ disbur~mcnt at the Nole rate and shall ~ payable, ~th inter.t, requiting ~yment. If ~n~r r~ir~ mo~gaK insu~ as a ~it~ ~ raking t~ hn ~rrow~ shall ~y the ~iums r~ui~ to maintain t~ imu~e in ~t until s~h ti~ ~ t~ ~ui~t f~ t~ instate terminnt~ in a~or~nce with ~K's a~ ~'s w~tt~ ~t ~ a~l~ law. shall give ~rower notice at the time of or p~ to an j~tt~ s~tl~ng ~ ~ ~ t~ Inst. A charqe ~ssessed by ~ender in connectLon vtth Borrover's enterln9 Into this SecurLty ~nstruuent ~o pay ~he cost o~ an independent tax repor~ln~ servLce shall not ~ a ' 9. Condemnation, The, .'ods of any award or claim for damages, direct or conse?nS~al, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of ;emnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not the· due, with any excess paid to Borrower. In the event of a partial taking of the Property, Unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after Ihe date the notice is given, Lender is-authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not exlend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for paymem or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest, Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. I 1. Successors and Assigns Bound; Joint and Several Liability; Co.signers. The covenants and agreements of Ihis Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17, Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but docs not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in thc Property under Ihe terms of this Security lnslrument; (b) is not personally obligaled lo pay Ihe sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note withoul that Borrower's consent. 12. Loan Charges. If the loan ~ecurcd by this Security lnstrumenl is subject to a law which sels maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Ifa refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of Ibc Note or this Security lnslrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivenng it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designales by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. IS. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In Ihe event that any provision or clause of Ihis Security Instrument or the Nole conflicts with applicable law, such conflict shall not affect other provisions of this Securily Instrument or the Note which can be given eft'ecl without the conflicting provision. To this end the provisions of this Securily instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. I?. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or ifa beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full ol'all sums secured by this Security Instrument. However, this option shall not be exerci.'~,ed by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, L,cnder shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay ail sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale conlained in this Security Instrument; or (b) entry of a judgment enforcing this Security lnstrumenl. Those co. nditions are that Borrower: (a) pays Lender all s~ams which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enfor~ng this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's b this Security Instrument shall continue unchanged. Upon reinstatement by obligation to pay the sums secured y · · __ .~ ~...~l~,, II remain full effective as if no acceleration hid Borrower, this Security Instrument and the obhgat~ons secur,;,., ...... ., sba Y 17. occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or NON-UNIFORM COVENANTS. Borrower and Lender further covenanl and agree as IOllows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following BorTower's breach of any covenant or agreement in this Security Instrument (but snot prior to acceleration ander paragra~ unless applicable law provides otherwise). The notice shall spacify: (&) the default; (b) the action required to cure the default; (c) a date, not less than 30 days fFom the date the notice is given to Borrower, by which the debult mast be cured; and (d) that failure to cure the default on or before the date specified in the notice will result in acceleration of the sums se~ored by this Security Instrument and sale of the Property. The notice shall further inform lJorrower of fine right to reinstate ofter occeleration and the rigb¢ to bring · court action to assert tine noa.eaisteace o.f a default ac any other defense of lJorroweF to acceleration and sale. if the default is not cured on or before rite date spactfied in the no,ice, Lender require immediate payment in full of all sums secured by this Se~ority ins~rumcut withoot farther demand ami my revoke me pow~ ~, ..~.-~.._, :,__-...,~.. ~,,m,.a in this anrnsrnsb 19, iacmmaS, Del m ~ all eapemes incun'ed ia pa S If Lender invokes the p_ ~r of sale, Lender or Trustee shall give notice of the tim/m~ce and term of sale by posting and recording the nolice nt least 21 days prior to sale as provided by applicable law. L j. shall mail a copy of the notice of sale to Borrower in the manner prescribed by applicable law. Sale shall be made at public vendue between the hours of 10 a.m. und 4 p.m. on the first Tuesday in any month. Borrower authorizes Trustee to sell the Property to the highest bidder for cash in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying indefensible title to the Property with covenants of general warranty. Borrower covenants and agrees to defend Kenernlly the purchaser's title to the Property against iii claims nad demands. The recitals in the Trustee's deed shull be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: Ca) to all expenses of the sale, including, but not limiled to, rensonubie Truslee's and attorneys' fees; (b) to all sums secured by this Security instrument; and Ce} nny excess to the person nr persons legally entitled to it. If the Property is sold pursuant to this poragraph 19, Borrower or any person holding possession of the Property through Borrower shall immediately surrender possession of the Property to the porchnser al that sale. If possession is not surrendered, Borrower or such person shall be n tenant at sufferance nnd may be removed by writ of possession. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in per~on, by agent or by judicially appointed receiver) shall be entitled lo enter upon, take po~r. sion of and manage the Prorerly and to collect the rents of the Property including those pasl due. Any rents collecled by Lender or the receiver shall he applied tin! to payment of the costs of management of the Property and collection of rents, including, bul no[ limited ID, receiver's fees. premiums on receiver's bonds and reasonable attorneys' lees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall relea~ this Security [nslrument without charge to Borrower. Borrower shall pay any recordation cosls. 22. Substitute Trustee. Lender. at its option and with or without cause, may from time to time remove Truslee and appoint, by power of attorney or otherwise, a successor trustee to any Trustee appointed hereunder. Wilhoul conveyance of t he Properly, the successor [ruslee shall succeed to all [he lille, power and duties conferred upon Trustee herein and by applicable law. 23. Subro~tion. Any of the proceeds of the Note used to take up outslandin8 liens against all or any part of the Property have been advanced by Lender at Borrower's request and upon Borrower's representation that such amounts are due ahd are secured by valid liens against the Property. Lender shall be subrogaled to any and all rights, superior titles. liens and equitie~ owned or claimed by any owner or holder of any outstanding liens and debts, regardless of whether said liens or debts are acquired by Lender by assignment or are released by the holder thereof'upon payment. 24,. Partial [nvulidity. in the event any portion of the sums intended to be secured by this Securily iostrument cannot he lawfully secured hereby, payments in reduction of such sums shall he applied first to those portions not secured hereby. 25. Waiver of Notice of Intention to Accelerate. Borrower waives the right to nolice of intention to require immediate payment in full of all sums secured by this Security Instrument excepl as provided in paragraph 19. 26. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreemenls of Ihis Security Inslrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] :)~ Adjustable Rate Rider [] Condominium Rider [] 2-4 Family Rider [] Graduated Payment Rider [] Planned Unit Development Rider [] Other(s) [specify] 27. Purchase Money; Vendor's Lien; Renewal and Extension. [Complete as appropriate] THE NOTE SECURED HEREBY IS PRIMARILY SECURED BY THE VENDOR'S LIEN RETAINED IN THE DEED OF EVEN DATE HEREWITH CONVEYING THE PROPERTY TO BORROWER. WHICH VENDOR'S LIEN BAS BEEN ASSIGNED TO LENDER, THIS DEED OF TRUST BEING ADDITIONAL SECURITY THEREFOR. BY SIGNING BELOW. Borrower accepts and agrees to thc lerms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. .................................... (~al) ............................................................................... I~l~.ee ~ ~ U,w Fe~ STATE OF TEXAS DALLAS COUNTY SS: BEFORE ME, THE UNDERSIGNED, A NOTARY PUB~-IC IN AND FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED XEITB A. SCHORN AND WIFE, CAROL A. SCHORN KNO~t TO ME TO BE THE PERSON(S) ~llOSE NAME(S) ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACE#OWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS ~ DAY OF , 19 MY CO~MI$SION EXPIRES : (PRINTED NAME) NOTAR~ PUBLIC 0420[5 1002054 ~CHORN ADJUSTABLE RATE RIDER 3 YEARS Treasury Index--Rate Capsl Tills ADJUSTABLE RATE RIDER is made this 16THday of JUNE , 19 87. and is incorporated into and shall be deemed to amend and supplement thc Mortgage. Deed of Trusl or Security Deed (the "Security Instrument") of thc same date given by thc undersigned (thc "Borrower") to secure Borrower's Adjustable Rate Note (thc "Note") to ANCHOR HORTGAGE SERVICES, INC. ( thc "i,cndcr") of thc same date and covering thc property described in thc Security Instrumcnt and located 751 PELICAN LANE, COPPELL, TEXAS 75019 { Prorn:rty Addr..'x~J THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BOR- ROWER MUST PAY. Al)Ill I'I¢)NAI. COVENANTS. In addition to thc covenants and agreements made in thc Security Instrumcnl. Borrower and Lender furthcr covenant and agree as follows: A. INTEREST RATE AND MONTllLV PAYMENT CtIANGES Thc Note providcs for an initial interest ralc of 8.95 %. Thc Note provides for changes in the intcrcst ralc and thc monthly payments, as follows: 4. INTEREST RATE AND MONTllLY PAYMENT CHANGES (A) Change Dates Thc interest rate I will pay may change on thc first day of JULY . 19 90 and on that day cvcry 36TH month thereafter. Each date on which my interest rate could change is callcd a 'Change Date." (B! The Index Beginning with thc lirst Change Date. my intcrcst rate will bc based on an Index. Thc 'Index" is THE VEEKLY AVENGE YIELD ON UNITED STATES TREASURY SECURITIES ADJUSTED TO A CONSTANT MATURITY OF 3 YEARS AS MADE AVAILABLE BY THE FEDERAL RESERVE BOARD. Thc most recent Index figure available as of thc date 45 days beforc each Change Date is called thc'Current index.' If the Index is no longer available, thc Note Holder will choose a new index which is based upon comparable information. Thc Note Holder will give mc notice of this choice. ( C ) Cakulation of Changes Before each Change Datc. thc Note Holder will calculate my new interest rate by adding TVO AND 75/100 percentage points ( 2.75 %) to the Current Index. Thc Note Holder will then round thc result of this addition to thc nearest one.eighth of one percentage point (0.125%)' Subject to the limlts stated in Section 4(D) below, this 'rounded amount will be my new interest rate until thc next Change Date. Thc Note Holder will then dctcrminc the amount of the monthly payment that would be sulficient to repay thc unpaid principal that I am expected to owe at the Change Date in full on thc maturity date at my new interest rate in substantially equal payments. Thc rcsult of this calculation will be thc new amount of my monthly payment. (TI~) Limits ua Interest Rate Changes E INTEREST RATE I AH REQUIRED TO PAY AT THE FIRST CHANGE DATE VILL NOT BE GREATER THAN 10.95 t OR LESS THAN 6.95 t. THEREAFTER, MY INTEREST RATE VILL NEVER BE INCREASED OR DECREASED ON ANY SINGLE CHARGE DATE BY MORE THAN '1%/O PERCENTAGE POINTS (2.00%} FROM THE RATE OF INTEREST I HAVE BEEN PAYING FOR THE PRECEDING TH!RTY~SIX MONTHS. MY INTEREST RATE VILL NEVER BE GREATER TRAIl 13.95 t. (E) Effective Date of Chanles My new i~tcrcst rate will hccome effective on each Change Date. I will pay thc amount of my new monthly payment beginninE on the first monthly paymcm date after thc Change Date until the amount of my monthly payment chcn~cs again. (Fl N~tic~ of Chaales The Note Holder will deliver or mail to mc a notice of any changes in my interest rate and thc amount of my monthly payment before thc effective date of any change. Thc notice will include information required by law lo hc given me and also the title and telephone number of a person who win answer any question I may have re~arding thc B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amcnded to read as follows: Trandec d iha Pralmty ~ a Bent4etal interm in Imvmrec' i f all or any part of thc Property or any interait in it is sold or transferred (or ifa hcaeficial inter~t in Borrower is sold or transferred and Borrower is not a natural pmaon} without Le, ndet's prior written consent. Lender may. at its optiml, require immediate payment in full of all s~m~ soured MULT{STA~ ~V~ RATE IIIOER--AJqM $-2 --Sir,,oe Faf,dy--Fen,de ak,e/Freddie Mac Udk)m, ~ ~ 03/85 by this Security Instrument. ever. this option shall not be exercised by Lender if cxerc~mir~rohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise Ihis option i ~ Borrower causes to be submitted to Lender information required by Lender to evaluate Ibc intended transferee as ifa new loan wcrc being made to thc transferee; and (b) Lender reasonably determines that Lender's security will nol be impaired by thc loan assumption and that the risk of a breach of any covcnanl or asrccmcnt in this Sccurily Instrumcnl is acceplable lo Lender. To the extent permiltcd by applicable law. Lender may charsc a reasonable fee as a condition to Lcodcr's consent to thc loan assumption. Lender may also require thc transferee IO si~,n an assumplion asrccmcnt thai is acceptable to Lender and that obliBalcs thc Iransferce to keep all thc promises and agreements made in thc Note and in this Security Inslrumcnl. Borrower will continue to be obligated under thc Notc and this Sccurily Instrument unless Lender releases Borrower in writing, If Lender exercises Ibc option Io require immediate payment in full. Lender shall give Borrower amice of accelera- tion. Thc notice shall provide a period of not less than 30 days rrom the date Ibc nolicc is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. Ir Borrower fails to pay these sums prior to the cxpiralion of this period, Lender may invoke any remedies permitted by this Securily Instrument without further nolice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to thc terms and covenants contained in this Adjustable Hale Rider. ............................................. (Seal} .............................................................................. RETURN TO: ANCHOR HORTGAGE SERVICES, INC. 13111 N. CENTRAL EXP~, DALLAS. TEXAS 75243 t. I I XE (REEA' 'LIMITS DRAFT To determine if flood insurance is available, contact an insurance agent or call the National Flood Insurance Proliram .at (800) 638-6620. APP~.OXIMATE SCALE ~000 0 t" I Ir I I I 1000 FEET I FIRM FLOOD INSURANCE RATE MAP and STREET INDEX c~ oF' COPPELL, DAU.A5 AND DENTON COS: ONLY PANEL PRINTED COMMUNITY-PANEL ~ 480170 0005 O MAp PRELIMINAR ~EP ~ 1968' Federal Emergency Manalement LEGEND ZONE VE FLOODWAY SPECIAL FLOOD HAZARD AREAS INUNDATED BY 1On-YEAR FLOOD ZONE A No base flood elevations determined. ZONE AE Base ~lood elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of aondinl); base flood elevations determined. ZONE AP Flood deaths of 1 to 3 feet (ua,ally sheet flow on slopinl terrain); averale deaths determined. For areas of alluvial fan flood. inl, velocities also determined. ZONE Agg To be protected from 10P-year flood by Federal' flood ~'otection system under construct ion; no base elevations dete~m tried. ZONE V Coastal flood with velocity hazard ~wave action); no base flood elevations deter- miffed. Coar,.al flood with velocity hazard (wave action); base flood elevations determined. AREAS IN ZONE AE OTHER FLOOD AREAS ZONE X a, reas of $O0-~ear flood; areas pt 100-year flood with average depths of less than ~ foot or *.ith drainage ~reas less than 1 square mile; and areas protected bt levees from lO0- ~ ear flood. OTHER AREAS ZONE X Areas determined to be outside 50C- tear flood plain. ZONE O Areas in v~hich flood hazards are undetermined· Flood Boundary Floodway Boundary Zone D Boundary Boundary Dividing Special Flood Hazard Zones, and Boundary Dividing Areas of Different Coastal Base Flood Elevations Within Special Flood Hazard Zones. ""'-"'"""513"'""'"'"'- Base Flood Elevation Line; Ele- vation in Feet' ~ ~ Cross Section Line !EL9B7) Base Flood Elevation in Feet Where Uniform Within Zone* RM7X Elevation Reference Mark 'ReterenceO to the National Geodetic Vertical Datum of 1929 NOTES Tins mad ~s for use m adm~mstermg The National Flood Ir, suran~e Program ,t does not necessardy ~dentlfv all areas subject to flooding. parhcuiarlv from local drainage sources of small s,ze. or all planimetr~c !eatures outside special flood hazard areas The coastal flooding e~e~ahons shown may d~ffer sigmftcatnl¥ from those deveto~ by th~ National Weather Serwce for hurricane evacuation planning Areas of speoai flood hazard (10d-year floodl include Zones A. AE. A~i AO A99 V. andVE Certain areas not ~n SDeoal Flood Hazard Areas may be protected try flood control structures E~oundar~e5 of the ftoodW'ays were computed at cross sections and interpolated between cross sect,ohs The floodwavs were based on ns'arauhc conslderaOons with regard to reqwrements of the Federal Emergency Management Agency Floodwa~ w~dths m some areas may be too narrow to show to scale Floodway w~dths are prowded m the Flood Insurance Stuo~ Report Ele,,aton reference marks are des;?hod ~r', th~ Fl~,~d In~:.~rar~co 4OOL ROAD O n ZONE X ZONE 470 AE 466 LIMIT OF/ STUDY~' Ox"E BETHEL · ZONE X · ZONE'X RM 98 ZONE X i( DRAFT 457 ST LOUIS SOUTHWESTERN RAIL WAY ZONE X ,~t~ BE L TLINE ZONE X ROAD FLOOD PRONE STREET INDEX NOTE 'TO USER Th~.% mde!x pluvld(~ ~1 h~l ()f illl slreet~ %howlt tH1 lh~,~ Insur~tn(:e R~ile m;Ip IFIRM~ tll~ll ar{~ palh;llly t,r t()t;lJJy within fip~cJ;d Fh~l~d H~i~tr(I Arc,is (SFHAsJ This index should not be used as an authoritative source for determining whether specific streets, properties, or buildings are within an SFHA KEY