28 Mar 1935 — Property Deed into UPA: 189 acres
THE STATE OF TEXAS)
COUNTY OF MCLENNAN)
KNOW ALL MEN BY THESE PRESENTS: THAT SOUTHWESTERN LIFE INSURANCE COMPANY, a Corporation incorporated under the Laws of the State to Texas, with its principal office in the City of Dallas, Dallas County, Texas, acting herein by and through C.F. O’Donnell its President, duly authorized so to act by a resolution adopted by the Board of Directors of said Corporation, reading:
“BE IT RESOLVED: That the President of the Company (or any Vice-President when authorized by resolution of the Executive Committee), be, and he is empowered and authorized to sell any real property now or at any time hereafter owned by the Company (other than the home office building property and the property located immediately adjacent thereto) at such price or prices and upon such terms as he may determine, and he is authorized to execute Deeds conveying any property so sold.”
For and in consideration of the sum of SEVEN THOUSAND EIGHTY SEVEN AND 50/100 ($ 7087.50) DOLLARS to it in hand paid end secured to be paid by THE UNIVERSAL PUBLISHING ASSOCIATION, Los Angeles, California;
ONE THOUSAND AND 00/100 ($1,000.00) DOLLARS cash to it in hand paid the receipt of which is hereby acknowledged; and
SIX THOUSAND EIGHTY SEVEN AND 50/100 ($6067.50) DOLLARS represented by the execution and delivery by the said THE UNIVERSAL PUBLISHING ASSOCIATION of its one certain note for that amount of even date herewith, due and payable to SOUTHWESTERN LIFE INSURANCE COMPANY at its office in the City of Dallas, Texas, as follows:
$387.50 due and payable April lst, 1936;
$300.00 due and payable April 1st, 1937;
$200.00 due and payable April 1st, 1938;
$200.00 due and payable April 1st, l939;
$200.00 due and payable April 1st, 1940;
$200.00 due and payable April 1st , 194l;
$200.00 due and payable April 1st, 1942;
$200.00 due and payable April 1st, 1943;
$200.00 due and payable April 1st, 1944;
$4,000.00 due and payable April 1st ,1945;
bearing interest thereon from date until maturity at the rate of six per centum per annum, payable annually as it accrues on the 1st day of April of each and every year until the final maturity date thereof; all past due principal and interest to bear interest at the rate of ten per centum per annum; and providing tor the usual ten per centum additional it collected by attorney or through any court: said note is further secured by deed of trust of even date here with to C. F. O’Donnell, Trustee;
Grantee herein assumes all taxes for the year 1935 against the herein conveyed property;
Has Granted, Sold and Conveyed and by these presents does Grant, Sell and Convey unto the said THE UNIVERSAL PUBLISHING ASSOCIATION, Los Angeles, California, all that certain lot, tract or parcel of land situated in the County of McLennan, State of Texas, to-wit;
Being 189 acres of land, more or less, about two miles West from the City of Waco, Texas, out of the J.M. Sampier survey, Patent No.88. Vol. 6, Abst. 785 and the John M. Stevens Survey, Patent No. 35, Vol. 3, Abst. 784,; more particularly being out of and a part of that certain 336.4 acre tract of land, conveyed to Southwestern Life Insurance Company by Trustee’s Deed dated Dec. 5, 1933, recorded in Vol. 436, page 54, Deed Records of McLennan County, Texas; the
BEGINNING at a stake on the North line of the J. M. Sampier Survey at the S.W. corner of a certain tract of 114.6 acres described as second tract in deed from W. E. Darden et al to Grace Prather, dated Oct.4, 1912, recorded in Book 251, page 12, Deed Records of McLennan County, Texas;
THENCE North 30.5 West 742 vrs. to the N.W. corner of said Prather 114.6 acre tract and the S.W. corner of the Albert Prather 59.43 acre tract in branch;
THENCE North 50 E. 285 vrs. to the S.E. corner of said 59.43 acre tract;
THENCE North 31.5 W. 204 vrs. to the S. W corner of a 60 acre tract once owned by Fish Boggess;
THENCE North 61 East with the South line of said Boggess 60 acre tract and the North line of said 114.6 acre tract, 463 vrs. to the S. E. corner of said Boggess 60 acre tract and the N.E. corner of said 114.6 acre tract;
THENCE South 30.5 east along the East line of said 114.6 acre tract, also the West line of a 167 acre tract out of the Estate of Fanny K. Prather, 906 vrs. to a stake in the North line of a 211.8 acre tract conveyed by W.E. Darden et al to Grace Prather and mentioned as the first tract in the aforesaid deed from W.E. Darden et al to Grace Prather;
Then North 47-3/4 vrs. East 73-1/2 yrs. to a point in the West line of the J.W. Stroud 105 acre tract:
THENCE South 30 East 430 vrs. to the S.W. corner of said Stroud 105 acre tract:
THENCE North 60 E. 96-1/2 yrs. to the N. W. corner of a 120.38 acre tract out of the W.L. Prather Estate;
THENCE South 30 East along the West line of said 120.38 acre tract, and also along the East line of the 221.8 acre tract mentioned above, 607 vrs. more or less to the point where the North or N.E. line of State Highway No. 67, intersects said line;
THENCE following the East line of said Highway No.67, N. 81.75 W. 753 vrs. to the beginning of a 3⁰ curve to the right: thence with said curve, 444 vrs. to its end; thence continuing with the East line of said Highway, North 44.75 West 176.7 vrs. to the N. line of the J.M. Sampier Survey:
THENCE South 59.75 W. along the North 1ine of said Sampier Survey, crossing said Highway to a point which is 28 vrs. W. of the West line of said Highway, the place of beginning;
It is understood and agreed that the property hereby conveyed is under a rental contract entered into between D.M. Darden and Southwestern Life Insurance Company for the year 1935, and the property is conveyed subject to said rental contract, and grantee accepts this conveyance, subject to said rental contract.
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 THE UNIVERSAL PUBLISHING ASSOCIATION, its successors and assigns forever; and it does hereby bind itself and its successors to warrant and Forever Defend all and singular the said premises unto the said THE UNIVERSAL PUBLISHING ASSOCIATION, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
But it is expressly agreed and stipulated that the Vendor’s Lien is retained against the above described property, premises and improvements, until the above described note and all interest thereon is fully paid according to its face and tenor, effect and reading, when this Deed shall become absolute.
($7.50 Doc. Stamps cancelled)
THE STATE OF TEXAS)
COUNTY OF DALLAS) BEFORE ME, the undersigned authority, a Notary Public, in and for said County and State, on this day personally appeared C. F. O’Donnell, President of Southwestern Life Insurance Company, 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, as the act and deed of said Company and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL or OFFICE, this the 28th. day of March, A. D.1935.
E.P. Crane, Notary Public
Dallas County, Texas
Filed March 29, 1935 at 2:25 P.M.
Recorded March 30, 1935 at 10:50 A.M.
Floyd Mitchell, Clerk
By [Signed] Deputy.